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NOTRE-DAME-DE-L'ÎLE-PERROT · L-1A FIELD GUIDE

Does a hiring freeze disqualify an L-1A manager?

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THE DIRECT ANSWER

It does not decide eligibility by itself. Examine the role’s actual powers, the employees or function managed and whether the applicant primarily performs qualifying management duties.

Explain what the restriction changes

A restriction may limit a particular decision without eliminating the entire management role. Conversely, a managerial title does not cure a job that has become mainly operational because vacancies remain unfilled.

Identify the decisions the applicant would control, their authority over staff or an essential function, and who performs the day-to-day operating work. The route through is function management: the person manages an essential function of the organisation, operates at a senior level within it, and exercises discretion over its day-to-day operations. The role must be primarily managerial or executive; listing countries or colleagues without explaining their work does not establish that capacity. L-1A requires one continuous year of qualifying employment abroad within the three years before the petition with a parent, branch, subsidiary, or affiliate of the U.S. petitioner. Show who will perform routine operational work while the transferee directs the function or organization. Supervising a crew of operators is first-line supervision and usually does not qualify; directing supervisors, budgets and hiring may.

A first-line supervisor is not a manager unless the employees supervised are professionals.