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MASCOUCHE · L-1A FIELD GUIDE

Must the applicant be the only manager to qualify for L-1A?

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THE DIRECT ANSWER

Do not assume a sole-manager requirement. The actual individual managerial or executive duties and organizational arrangement must satisfy the applicable standard.

Describe shared authority precisely

Explain what the applicant controls, what is shared and what belongs to another person. A collective leadership label cannot replace evidence of the applicant’s own role, and an inaccurate claim of exclusive control does not improve the case.

Identify how the U.S. managerial or executive position is supported and who performs ongoing operational work. Managerial capacity means managing the organization, a department, a function or a component, supervising and controlling the work of other supervisory, professional or managerial employees, or managing an essential function, with authority over hiring and discretion over day-to-day operations. At an established office, the foreign year may have been managerial, executive or specialized knowledge even when the U.S. role is L-1A; a new-office L-1A beneficiary must have held managerial or executive capacity abroad. The proposed United States position must be primarily managerial or executive, not daily production under a senior title. The proposed U.S. role must be primarily managerial or executive, and the transfer also requires qualifying organizations plus the required qualifying foreign employment.

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.