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STRATHCONA COUNTY · L-1A FIELD GUIDE

Does board approval of major transactions automatically prevent L-1A executive classification?

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THE DIRECT ANSWER

The complete duties and authority need assessment; a reserved board decision does not answer the whole question.

Explain the level of discretion

Describe what the applicant directs and decides, and how general oversight differs from detailed operational instruction. The evidence must establish primarily executive or managerial U.S. duties. A senior title alone does not do that.

The L-1 regulation limits an executive or manager to a total of seven years in the United States in L status, and it provides that time spent in H classification counts toward the same limit. A production function managed at a senior level looks like setting standards, choosing suppliers and processes, allocating capacity and being accountable for results. Managing a practice means supervising professional staff or managing an essential function with discretion over its daily operations, setting budgets and having hiring authority. For both people, confirm one continuous year of qualifying employment abroad during the relevant three-year period and a parent, branch, subsidiary, or affiliate relationship, with the foreign organization doing business; for a new-office L-1A petition, that foreign year itself must have been managerial or executive.