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SAINT-SULPICE · L-1A FIELD GUIDE

Should the employer revise its whole HR framework before the transfer?

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THE DIRECT ANSWER

Do not assume a company-wide revision is necessary. Identify the accurate individual facts and what relevant clarification the immigration review requires.

Resolve the actual evidence issue

Coordinate a truthful explanation with the appropriate employer contacts and identify any outstanding role decisions. The transfer timetable should follow the reviewed facts and process, not merely completion of a new template.

Identify which management duties remain and who provides operational support. A revised policy manual is not the kind of evidence that actually proves a role is primarily managerial or executive, since that classification turns on the organizational chart, the subordinate staff or function the person actually directs, and the decision-making authority the role genuinely carries. Rewriting handbooks, job description templates, or onboarding materials can make an arrangement look more formal without changing anything about who reports to whom or who makes substantive decisions. Ask instead what specific supervisory or policy-setting authority the individual will hold, over which people or functions, and how that authority is documented in the actual structure of the organization rather than in general policy language. A framework overhaul can still be worth doing for its own business reasons, but treat it as separate from the evidentiary question of whether the role itself meets the classification. Gather organizational charts, staffing records, and a description of real reporting relationships before assuming that updated internal documents have resolved the underlying issue.