Determine the actual period of qualifying U.S. business activity before relying on the foreign-role rule and proposed schedule.
Use activity rather than corporate age
Less than one year of qualifying U.S. business activity invokes the new-office framework. Incorporation alone does not establish doing business. New-office L-1A also needs sufficient premises and an operation supporting the role within one year of approval, with initial approval at most one year.
Document the delay as a factual, dated event, including correspondence with the utility or municipality and any revised timeline, rather than omitting it or describing the office as already operational. The qualifying parent-subsidiary relationship must exist when the petition is filed, the twelve months of qualifying employment abroad must be complete, and the evidence must show that the U.S. role will be primarily executive rather than operational. Sequence the case around formation, secured premises, staffing commitments, funding, the petition decision, authorized entry, business commencement, and evidence needed for extension. Do not schedule the American operation around an unfiled petition, and do not assume that a long career with the organisation guarantees the year, because continuity abroad and the three-year window are separate tests and a case can satisfy one while failing the other.