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LOGAN LAKE · L-1A FIELD GUIDE

Can a Logan Lake maintenance superintendent qualify for L-1A if his U.S. crew are client contractors?

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THE DIRECT ANSWER

Possibly, but not as a people-manager. If the subordinates are not the petitioner's employees, the case must be built as a function manager with genuine discretion over an essential function, or the structure must be changed so supervisors are on the subsidiary's payroll.

A manager needs staff or a function, not a client's crew

Hypothetical example: The managerial definition looks at whether the beneficiary supervises the petitioner's own supervisory, professional or managerial employees, or manages an essential function at a senior level. Contract mechanics on the client's payroll satisfy neither test. Marcus's petition will fail if the chart implies he manages forty people and the supporting evidence shows three, because the officer will conclude the description was inflated. Two honest options exist. The subsidiary can hire lead hands or supervisors of its own who report to him, so that he manages managers. Or the petition can present him as a function manager responsible for the maintenance function as a whole, with evidence that he sets the maintenance program, controls its budget, negotiates with the client and decides staffing, while others perform the day-to-day work. The second route is legitimate but requires proof that the function is essential to the business and that his discretion is real.

Hypothetical example: A recycling-company operations director is slated for an executive role in a U.S. sorting division. An initial roster should name her direct reports, their employer, and the decisions she can make without approval. Payroll records and delegation documents settle whether she manages the petitioner’s organization; vendor invoices do not. If she spends most days dispatching trucks or solving machine faults, the company should either build a managerial structure or describe a different position with precision.