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FOR BUSINESS LEADERS · MCMASTERVILLEMcMasterville

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A McMasterville applicant may propose an L-1A role supported by staff with different work schedules. Prepare an accurate account of the support actually available and the tasks it covers. Counting names on a chart does not explain whether operational work is performed by others or regularly falls back to the applicant. A first review should separate the foreign employment record from the future U.S. staffing plan. The transferee generally needs one continuous qualifying year abroad during the three years immediately before the petition. The eventual L-1A total stay is limited to seven years, so a timeline should identify prior L use and the point at which the proposed management role must be supported by the organization.

Talk about L-1A
PurposeExecutive or managerial transfer
Company linkQualifying related businesses
New officeA distinct evidence requirement

IN THIS GUIDE · Explain the actual capacity of part-time support staff

Start with the L-1A eligibility and application overview

01

Connect staff schedules to the work they perform

Hypothetical example: several employees share administrative and delivery tasks on different schedules. Identify their actual responsibilities, availability and overlap. Do not describe each person as full-time support merely because every name appears on the same organization chart. Hypothetical example: A rare-map digitization studio schedules scanning technicians on alternating days and expects the proposed manager to handle intake when neither technician is present. The decision is whether that recurring intake work leaves a genuinely managerial position on the stated facts.

02

Explain what happens outside the support hours

Identify the tasks that continue when particular staff are unavailable and who handles them. Describe the applicant’s own operational work honestly. The management analysis requires the actual role and organization, not a theoretical total of all staff capacity. Use timesheets, duty descriptions, workflow logs, and the person responsible for each task to test the claimed division of labor. A future hire may be relevant to planning, but it cannot be counted as current operational coverage until the hire is real.

03

Keep headcount separate from the qualifying-role analysis

There is no universal staff-number shortcut to L-1A eligibility. Have the actual duties, authority and organizational circumstances assessed. A smaller schedule does not automatically decide the case, but unexplained support gaps should not be hidden by presenting every employee as continuously available. The useful decision is not whether a chart looks large enough. It is whether the applicant primarily directs people, an essential function, or the enterprise while others carry out the ordinary operating work. Records should answer that question role by role.

04

Distinguish staff schedules from the applicant’s qualifying employment

The support team’s arrangements explain the proposed role; the applicant’s own required foreign-employment history is a separate matter. Provide relevant actual records for both, together with the qualifying company relationship. Do not assume a staffing chart establishes the complete transfer case. Build a dated sequence showing the qualifying foreign year, the related entities, and the planned U.S. duties. This prevents a current staffing discussion from obscuring a gap in foreign employment or an unsupported change in the proposed capacity.

05

Managerial and executive describe duties, and the clock runs

US doing business for less than a year is new-office activity, requiring sufficient premises and support for the managerial or executive role within a year; initial approval is limited to one year. The American entity and the foreign one must stand in a qualifying relationship as parent, branch, subsidiary or affiliate, and both must be doing business, which means regularly and systematically providing goods or services rather than holding an address. Executive duties involve directing management, establishing goals and policies and exercising wide latitude in decision-making.

SOURCES FOR THIS GUIDE

Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.

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L-1A · MCMASTERVILLE

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