No. The actual managerial or executive role must be established.
Describe responsibility and execution
Explain what the applicant decides and what they personally perform. A deadline or supervisor title does not settle the nature of the work. Hypothetical example: a Canadian archival-supplies group wants its restoration-program director to open a U.S.
operation, although she currently spends most days repairing rare books herself. The first review should divide executive or managerial decisions from hands-on production, then identify who will perform the underlying work after transfer. Titles, seniority, and a large project budget are not enough.
Useful records include organizational charts before and after the move, payroll lists, job descriptions for subordinates or contractors, reporting lines, authority to hire or recommend action, budgets the applicant controls, and examples of discretionary decisions. For a function-manager theory, explain the essential function, why it is important, the applicant’s authority over it, and how routine execution is carried out by others. The qualifying organizations and the individual’s employment abroad also require their own proof; do not let an attractive U.S.
role description substitute for those elements. Sequence the review by confirming the ownership relationship, calculating one qualifying continuous year of foreign employment during the preceding three years, and then testing the proposed duties. A frequent problem is a staffing chart that promises future delegation while current plans still require the transferee to do the core service.
If the operation is new, its premises, staffing, finances, and one-year development plan deserve particular scrutiny. L-1A is capped at seven years, so the time strategy should not assume unlimited extensions.