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BEAUHARNOIS · L-1A FIELD GUIDE

Can staff outside the United States support an L-1A management explanation?

Sources checked:

THE DIRECT ANSWER

Have the actual arrangement assessed. Staff location alone does not establish whether the applicant performs qualifying managerial or executive duties with genuine operational support.

Explain the work that is actually supported

Identify relevant duties, capacity and responsibility rather than counting all employees abroad. The applicant’s own work must still be accurately described, including tasks performed personally when support does not cover them.

Managerial duties involve managing the organisation, a department, a subdivision, a function or a component of it, directing other supervisors or professionals, or managing an essential function at a senior level. Small-subsidiary petitions fail when the narrative claims a large managerial role and the organization chart shows three non-supervisory employees. Distinguish setting service policy, approving exceptions, allocating budgets, and directing professional staff from diagnosing faults or personally delivering routine remedies. L-1A requires the proposed US position to be primarily managerial or executive; inheriting a leader’s title or signature authority does not settle that question. The petitioner must also prove a qualifying parent, branch, subsidiary, or affiliate relationship and one continuous year of qualifying employment abroad during the preceding three years; the business-activity showing must follow the separate rules for an established or initial new office.