Have the actual arrangement assessed. Retained duties are facts to explain, not a reason to assume automatic eligibility or refusal.
Describe both roles honestly
Identify the work, authority and support associated with each. The proposed U.S. capacity and other L requirements must be established on the actual facts.
Do not use overlapping titles to imply duties have already been delegated. Prepare a transition plan showing how retained duties move to someone else over time rather than describing the arrangement as permanent, and identify by role, not name, who will assume each responsibility on the other side. Confirm how many hours in a typical week the retained work actually requires, since a demanding secondary assignment can leave too little time for the proposed capacity to be the applicant's primary role.
Ask the employer to explain why the retained duties could not yet be reassigned and what milestone would allow that to happen, because an open-ended arrangement reads differently from one tied to a specific handoff. Document the authority, staff and decisions attached to each role separately rather than listing combined responsibilities under one title, since overlapping language can obscure how much time and authority genuinely belongs to the proposed position. Confirm that the time actually available supports a primarily managerial or executive role once the retained duties are accounted for, rather than assuming the proposed title settles the question on its own.