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RURAL MUNICIPALITY OF HEADINGLEY · L-1A FIELD GUIDE

Does a shared brand establish an L-1A affiliate relationship?

Sources checked:

THE DIRECT ANSWER

No. The actual ownership and control must support a qualifying relationship.

Follow the legal structure

A trading name or cooperation agreement does not answer who owns and controls the entities. Review the relevant corporate records rather than a brand presentation.

Take the constitutional documents and answer three narrow questions: who owns what percentage, who has the right to direct the entity's affairs, and whether each fifty-percent owner has equal control and veto power. Being a sole shareholder does not disqualify a transfer, but the U.S. role still needs to be shown as primarily managerial or executive in actual substance, not simply as an extension of ownership authority. L-1A requires qualifying organizations, qualifying prior employment abroad, and a proposed managerial or executive capacity rather than simply experienced individual contribution. Where the successor comes from a different part of the group, confirm that the employing entity abroad is itself a qualifying related company and that the year of employment falls within the relevant preceding three-year period. The qualifying year abroad must be one continuous year of full-time employment with a qualifying organisation inside the three years preceding, so date these records precisely; an approximate month at either end of that year is the weakness a reviewer finds first.