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BURLINGTON · L-1A FIELD GUIDE

Should board approval come before filing the transfer?

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THE DIRECT ANSWER

The petition should describe an authorized, genuine assignment and establish eligibility at filing. Resolve the proposed role and governance arrangements early enough that supporting documents accurately reflect the company’s decisions.

Distinguish authorization from travel readiness

A board resolution can approve the business transfer, but it does not grant U.S. work status. Build a schedule for document collection, legal review, government action and any required visa or admission procedure.

If approval limits or reporting lines change during preparation, update the evidence consistently. Avoid booking an immovable start date around a corporate meeting rather than the complete immigration process. Distinguish the company's internal approval from anything to do with immigration, since they are frequently confused and only one of them is within the organization's control.

Where a board must authorize the transfer, the appointment or the expenditure, find out when it next meets and what it will require in order to decide, because that date may be the binding constraint on everything else. Obtaining a resolution before filing is often sensible for corporate reasons and does not itself advance the immigration process. Separately, remember that authorization to work is not created by a board approving a transfer, an internal announcement, or an agreed start date.

Establish the procedure that follows a decision, which differs by nationality and by where the application is made, and build the travel plan around that rather than around the governance calendar.