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BRAMPTON · FOREIGN OPERATIONS

How will the foreign business operate after the transfer?

USAvisa field guide · 3 minute readReviewed 7 September 2026

Read the general business expansion overview

THE SHORT ANSWER

The U.S. expansion should not leave only a dormant company abroad. A qualifying organisation must continue doing business outside the United States during the L-1 stay. Document how customers, staff and delivery responsibilities will be handled after the proposed manager leaves for the new office.

01

Map the work that remains abroad

List ongoing products or services, customers, staff and operational obligations. Identify who will supervise and perform the work after the transfer. The evidence should show a continuing business, not just an address and bank account maintained to support an immigration application after the commercial activity has effectively moved.

02

Test the succession description

Compare the proposed replacement’s authority and duties with the work the transferee currently performs. If the plan says a junior employee will run the entire operation, explain the real delegation and supporting resources. Use current staffing and business records rather than assigning responsibilities to people who have not agreed to undertake them.

03

Maintain two evidence streams

Keep foreign trading records alongside the U.S. launch file so the continuing operation can be documented later. A decline in sales should be explained accurately, not hidden by recycling older invoices. Counsel should review material changes; a viable expansion narrative depends on the actual cross-border organisation throughout the requested stay.

04

Name the person who will run the foreign business

A plan that describes continuing operations abroad without identifying who conducts them tends not to survive examination. State who takes over which responsibilities, what authority they will hold, whether they are already employed there, and whether they are capable of performing the work without the transferring individual. Where the answer is that the founder will continue running it remotely, say so and consider what that implies for a role described as full-time in the United States. Where the answer is that a manager will be recruited, treat that as a plan rather than a fact and identify when it will become one. The honest version of this description is more useful than an optimistic one, because the arrangement will be visible in the foreign entity's records either way.

05

Keep the two entities' records genuinely separate

Where the same people run both businesses, records tend to merge in ways that later obscure which entity did what. Establish separation from the outset: distinct bank accounts, distinct books, invoices issued in the correct entity's name, employment contracts with the right employer, and intercompany arrangements documented rather than assumed. This supports the qualifying relationship by making it demonstrable, and it protects the evidence that the foreign operation continues in its own right. It also avoids the awkward position of having to explain, some time later, why the foreign company's revenue was received into an account belonging to the U.S. entity, or why an employee's contract names one company while their payslips name another.

SOURCE NOTES

Editorial source review: 2026-09-07. General preparation guidance, not an individual assessment.

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