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APPLICATION ANSWERS · L-1A FIELD GUIDE

Can an Edmonton owner qualify for L-1A while still doing hands-on client work?

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THE DIRECT ANSWER

Ownership and seniority do not settle whether the proposed U.S. job is primarily managerial or executive. The assessment needs to distinguish directing the operation from personally delivering its ordinary services.

Explain who will carry out the work you currently perform

List the recurring tasks you handle today, then describe the planned U.S. responsibility for each. Include employees or outside providers only where those arrangements actually exist or are supported by the business plan. If the proposed manager would still perform most production work, flag that issue openly. A more elaborate title or organization chart cannot replace a credible explanation of the role. The foreign employment and corporate relationship also require their own assessment.

The regulation defines managerial capacity in two ways: managing the organization or a department and supervising professional, supervisory or managerial staff with hiring authority, or managing an essential function at a senior level with discretion over its daily operations. The rule asks for one continuous year of qualifying employment abroad within the three years before the petition, so a break during the intended year is a problem, though a different unbroken twelve months inside the three-year window may qualify instead.