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NOTRE-DAME-DU-BON-CONSEIL · L-1A FIELD GUIDE

Does a Notre-Dame-du-Bon-Conseil operations manager qualify for L-1A because the company calls her a director?

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THE DIRECT ANSWER

No. The proposed U.S. role must be primarily managerial or executive, and the transfer also requires qualifying organizations plus the required qualifying foreign employment.

Test authority through real duties

Hypothetical example: a Canadian food-equipment company wants to send its “director of operations” to a related U.S. company. The person currently schedules shipments and resolves daily production issues, while the owner approves hiring, budgets and strategy.

The petition must explain whether the U.S. role will direct managers, a function, or an organization at the required level, rather than simply continue hands-on operational work. It must also document the foreign and U.S.

entities’ qualifying relationship and the uninterrupted qualifying year abroad in the three-year period before filing. Use payroll records, organization charts and delegated-authority evidence to prove the actual managerial work on each side. Sequence the qualifying foreign year, corporate relationship, petition date and planned U.S.

duties, noting when hands-on tasks are expected to give way to managerial control. Reconcile job descriptions with payroll, reporting lines and evidence showing who actually approves personnel, budgets and strategy. Do not plan managerial employment in the United States until the L-1A petition and admission route support it.

Assess the qualifying relationship, continuous year abroad and primarily managerial or executive U.S. role together, then review dependent plans and intended travel dates. List the facts that are fixed by official records and the facts that depend on the future arrangement.

Where a qualification, ownership position or role is uncertain, obtain the underlying record before making a categorical claim. That approach is more useful than trying to force the proposal into a preferred label.