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RURAL MUNICIPALITY OF ST. FRANÇOIS XAVIER · L-1A FIELD GUIDE

Does translating a title as director establish L-1A eligibility?

Sources checked:

THE DIRECT ANSWER

No. The real primarily managerial or executive responsibilities need assessment.

Describe what the applicant does

A familiar English title can conceal different duties. Explain authority and operational work honestly rather than treating the translation as a classification decision.

For an ordinary L-1A case, the required continuous full-time foreign-employment year within the relevant three-year period can be managerial, executive or specialized-knowledge work; the proposed U.S. role must satisfy the managerial or executive standard. Managerial capacity means managing the organization, a department, a function or a component, supervising and controlling the work of other supervisory, professional or managerial employees, or managing an essential function, with authority over hiring and discretion over day-to-day operations. The transferee must have one continuous year of qualifying employment with a related entity abroad within the three years preceding the transfer, and the United States position must be managerial or executive. In either event the U.S. position must be primarily managerial, the affiliate relationship must be proven with ownership records, and both firms must remain in business. Sequence the review by proving the corporate relationship before describing the executive role; a persuasive duties list cannot cure missing control.