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BALDWIN · L-1A FIELD GUIDE

What if decision authority changes before the transfer?

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THE DIRECT ANSWER

Provide the revised authority and duties for assessment before relying on the earlier proposal. The change may affect the claimed role.

Preserve the approval history

Record when authority moved, who now makes the decisions and what the transferee will actually do. Ask whether the filing or proposed assignment needs updating. Do not assume that a previous title or budget delegation continues to describe the job after the organization has changed.

For someone initially admitted in specialized-knowledge capacity, the regulation requires at least six months in the managerial or executive position to qualify for the seven-year total, and approval of the change in an amended, new or extended petition when it occurs. The second block is preparation and filing: the business plan, the organization chart with hiring dates, the ownership chain, and the petition itself, with premium processing available if the company wants a faster decision. Filing makes sense once the qualifying year abroad has been earned, the American staffing supports a managerial role, and the corporate relationship is documented; filing before those three are true usually produces a request for evidence rather than an approval. Keep the division's internal announcement, any customer communication, and the executive's departure from current duties behind the point where authorisation is actually in place, and design any interim leadership arrangement now.