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APPLICATION ANSWERS · L-1A FIELD GUIDE

Can the employer decide the qualifying role after the transfer begins?

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THE DIRECT ANSWER

The actual proposed role needs assessment before relying on authorization for it.

Resolve material choices in advance

Do not submit one description while intending to choose different duties later. Have material changes reviewed rather than assuming the original permission covers every internal option. Hypothetical example: a specialty-paper manufacturer that promotes its production manager shortly before a U.S.

expansion. At a first review, the first review should map the qualifying foreign year and determine whether the proposed role has changed in substance. The records most likely to settle that point are dated employment records, payroll, role-change documents, related-company records, and the U.S.

launch schedule. Sequence the work deliberately: calculate the relevant foreign period before fixing the petition date and document any genuine transition in authority. A common error is treating a new title immediately before filing as if it rewrites the prior foreign employment history; that error matters because a conclusion based on incomplete or mismatched facts may not carry to the final arrangement.

Write down the decision that remains after the review, the fact that could change it, and the record needed to resolve that fact. This creates a usable file rather than a collection of documents that cannot be connected to the actual plan.