Skip to content
SOOKE · L-1A FIELD GUIDE

Does writing a delegation plan make the current role primarily managerial?

Sources checked:

THE DIRECT ANSWER

The actual duties and support still need assessment. A plan does not itself change who performs the work.

Identify effective responsibility

Explain which decisions have moved and which remain with the applicant. Do not present proposed delegation as accomplished merely to remove operational tasks from a description.

If the U.S. organization has been doing business for less than one year, assess L-1A new-office requirements: sufficient premises, required foreign managerial or executive employment and ability to support the intended managerial or executive role within one year of approval. Assess the actual managerial or executive role and organizational evidence, then examine the accompanying person’s eligibility and intended activity separately. L-1A requires qualifying organizations, qualifying prior employment abroad, and a proposed managerial or executive capacity rather than simply experienced individual contribution. Direct supervision can support personnel management if the direct reports are actually supervisory, professional or managerial employees; a site foreman who genuinely directs a crew may be supervisory. The petition also needs the beneficiary’s continuous year of full-time employment with the Canadian company within the three years before filing, in a managerial, executive or specialized-knowledge position, and a U.S. position that is primarily managerial or executive. Managerial capacity means primarily managing the organization or a department, supervising professional or managerial staff, or managing an essential function at a senior level, with authority over hiring and firing or over the function's direction.