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BOUCHERVILLE · L-1A FIELD GUIDE

Must the applicant personally sign every staffing decision?

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THE DIRECT ANSWER

Have the actual authority and responsibilities assessed under the applicable standard. The signature alone does not establish the complete management arrangement.

Explain the decision process

Identify who recommends, approves and implements the decision and the applicant’s actual influence or authority. Avoid absolute conclusions from an administrative signature path. The entire role and other L requirements remain relevant.

A salaried employee may hold substantial delegated authority, while an owner may personally perform operational work. Explain the genuine duties, authority and operational support so the primarily managerial or executive claim can be evaluated on substance. L-1A preparation should explain each person’s actual authority and primary responsibilities instead of assuming that a shared function proves both roles or automatically prevents either role from qualifying. A supplier list alone does not establish that the applicant is relieved of routine work or meets the function-manager definition. Where several family members or holding entities are involved, ask counsel to assess control using the actual governance documents rather than the corporate name alone. A lean organization may still support function management, but the record must explain what essential function is managed and why the applicant directs it at a senior level.

A plant manager who would also run the production line personally because the U.S. site is short-staffed is describing a job that may not qualify, and the company should be asked how the staffing gap will be closed.