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OTTERBURN PARK · L-1A FIELD GUIDE

Does authority to stop a shipment establish L-1A managerial capacity?

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THE DIRECT ANSWER

That power alone is insufficient. Assess the applicant’s overall duties, discretion and management of personnel or an essential function.

Place stop-work authority in the complete role

Explain whether the applicant sets direction and manages the response or mainly performs inspections. A function manager must primarily manage rather than execute the function, at the required senior level and with discretion over its operations.

Use real examples: approving a budget, directing an essential function or setting an operational priority. Assess each actual role and its qualifying responsibilities instead of assuming a universal one-manager rule. For an organization listed in an approved blanket, the regulation addresses reassignment with virtually the same duties during authorized stay. Build a dated table of the employee’s real duties, promotion, payroll, leave, and U.S. travel rather than applying the latest title backward. For L-1B, separate special company knowledge from ordinary skill; for L-1A, identify the managed staff or function and the operational work performed by others. Estimate a truthful duty distribution and identify the employees or essential function the transferee manages. In an L-1A new-office case, the continuous foreign year must have been in a managerial or executive capacity.