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ST. ALBERT · The office history and the employee’s role are separate

Do not give an established operation a new first-year clock because the manager changes

USAvisa field guide · 2 minute readReviewed 7 September 2026

Read the general business expansion overview

THE SHORT ANSWER

A St. Albert employer planning a promoted manager’s assignment should establish whether the U.S. operation actually falls within the new-office framework. A new employee, title or lease does not by itself make an existing business a new office.

01

Determine when the organization began doing business

The new-office framework concerns an organization doing business in the United States through the qualifying structure for less than one year. Use actual operating evidence and the applicable facts rather than only incorporation or lease dates. A changed location is not automatically a restart of business history.

02

Apply the requirements if the framework is relevant

New-office evidence includes sufficient physical premises. For L-1A, the operation must support managerial or executive work within one year of petition approval; initial new-office approval cannot exceed one year. Explain staffing, resources and operational responsibilities. The qualifying foreign managerial or executive year and corporate relationship remain necessary for an L-1A new office. The qualifying foreign year must be full-time within the relevant three-year period. U.S. visit days do not count toward that year, although brief visits do not automatically interrupt continuity.

03

Keep the promotion’s rules visible separately

For someone first admitted in specialized-knowledge capacity and later promoted, the regulation requires at least six months in the managerial or executive role to qualify for the seven-year total, with the change approved in an amended, new or extended petition when it occurs. Prior counted time is not erased. Review the individual status history and any exception rather than using the new-office label to bypass the promotion analysis.

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