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BRAMPTON · L-1A FIELD GUIDE

Can my own company sponsor my L-1A transfer?

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THE DIRECT ANSWER

A legally separate company may petition for an owner if the L-1 requirements are satisfied. A sole proprietorship cannot petition for its individual owner because employer and beneficiary are not separate legal persons.

Review substance after structure

Incorporation alone does not cure missing foreign employment, a nonqualifying business relationship or a primarily operational U.S. job. Identify who employed the founder during the qualifying period and how the proposed company will support management.

If the legal structure changed, preserve the chronology for counsel rather than assuming employment before and after the change is automatically treated the same way. Structure gets you to the starting line rather than across it. Once the petitioning entity is properly constituted and the qualifying relationship with the foreign business is documented, the substantive questions remain entirely open: whether the proposed role is managerial or executive in what it actually involves, and whether the individual completed a continuous year of qualifying employment abroad within the preceding three years in a managerial, executive or specialized-knowledge capacity.

Founders frequently satisfy the second requirement in fact while having no record of it, because nobody was documenting their own role. Establish what evidence exists of the foreign employment before assuming it is straightforward. Note also that time in L-1A is generally limited to seven years, which is worth knowing when a founder is planning around a business rather than an assignment.