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FRENCH RIVER · L-1A FIELD GUIDE

Must an ordinary L-1A transferee already have held the same management title abroad?

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THE DIRECT ANSWER

The title need not be identical. Ordinary L-1A may rely on qualifying foreign managerial, executive or specialized-knowledge employment, while the U.S. role must be managerial or executive.

Assess the real change in responsibilities

A French River employee promoted from a qualifying knowledge role needs evidence of the proposed U.S. authority, not a rewritten foreign job title. New-office L-1A is narrower: its qualifying foreign year must be managerial or executive. Determine which facts apply before relying on the promotion.

Executive capacity means directing the management of the organization or a major component, setting goals and policies, exercising wide latitude in discretionary decision-making, and receiving only general supervision from higher-level executives, the board or shareholders. Choose the route the records actually support rather than the one that sounds more impressive, and confirm separately that the qualifying parent, branch, subsidiary or affiliate relationship exists, since no amount of duty evidence rescues a case where it does not. Supervising professional employees supports a managerial showing, while a first-line supervisor of routine work does not qualify merely by holding a supervisory title, so the level of discretion genuinely exercised is the point rather than the position on a chart.