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BOISBRIAND · L-1A FIELD GUIDE

What if duties fluctuate after the proposed transfer?

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THE DIRECT ANSWER

Explain material changes and their effect on the actual role for assessment. Do not rely indefinitely on a description that no longer reflects the work.

Keep recurring changes visible

Identify new routine duties, support changes and relevant dates. A brief unusual event and a sustained change may require different factual analysis. Provide the actual circumstances rather than selecting only favourable periods.

Update the launch calendar and duty chart using resources actually available at transfer. If volume forces the applicant to perform routine service, explain the facts and decide whether staffing can restore a primarily managerial or executive role; do not repeat old percentages. Adjudication times vary and premium processing changes only the decision speed, not the readiness of the underlying facts. Build the interim Canadian management into the timeline so that the foreign entity’s continued trading is visible from the first day of the transfer. The petition must establish the qualifying organizational relationship, one continuous foreign employment year within the preceding three, and primarily managerial or executive US duties. Where the American plant is already operating, the initial period is longer and the pressure is different, but the ceiling still applies. A transfer plan should therefore identify the intended role, extension dates, and any longer-term immigration strategy before the executive’s calendar is committed.