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APPLICATION ANSWERS · L-1A FIELD GUIDE

Does a payroll transfer restart the qualifying employment analysis?

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THE DIRECT ANSWER

Do not assume a universal result. The actual entities, relationship, employment and timing must be assessed under the relevant L-1 rules.

Explain the legal event rather than only the new name

Provide the reorganization terms, effective date and whether employment duties or contractual relationships changed. Identify the continuous qualifying year abroad within the relevant three-year period, subject to the individual facts. A new pay statement alone does not answer continuity, and an unchanged job title does not establish the qualifying relationship.

Review the case in three parts: organization, employee, and proposed role. The first review should identify the corporate records proving the qualifying relationship, payroll evidence showing an uninterrupted year abroad during the three-year lookback, and a duty record showing managerial or executive authority. A title alone settles none of those points. Hypothetical example: a seed-bank operations director is called chief executive officer but spends most days packing shipments. Board minutes, subordinate lists, calendars, budget approvals, and staffing plans will show whether the person actually directs a function or people. If routine work occupies the role, the company may need to revise staffing before petitioning rather than enlarge the title. L-1A also has a seven-year total limit, so the organization should calculate prior relevant status time before promising a multiyear U.S. assignment.