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RURAL MUNICIPALITY OF EAST ST. PAUL · L-1A FIELD GUIDE

Does a handoff chart prove the applicant will primarily manage?

Sources checked:

THE DIRECT ANSWER

No. It must reflect a real working arrangement supported by evidence.

Test what happens after delegation

Identify the applicant’s decisions and who performs services. A chart alone does not establish that operational work has genuinely moved to someone else.

Where a candidate has moved between employers, the useful first question is narrow: during the three years before the intended filing, was there a continuous year working abroad for a company related to the one that would petition? Collect executed shareholder records, current reporting charts, board resolutions, and evidence showing who controls budgets, personnel, and major decisions. Headcount is relevant context, not a substitute for proving primarily managerial or executive duties; a function manager must primarily manage the function rather than primarily produce its ordinary output. The U.S. role must also be primarily executive or managerial rather than a working-surveyor position with incidental authority, assessed in the context of the organization's actual staffing and operations. List the function, the people or contractors who perform the underlying work, the decisions reserved to the transferee, and the evidence that the foreign and U.S. organizations qualify.