IN THIS GUIDE · Compare managing a function with delivering its services
Write a practical responsibility comparison
Hypothetical example: one proposed role controls a function’s priorities and resources, while another involves personally performing client deliverables. Describe decision-making and daily work in each. A common title should not obscure the difference between directing the function and executing its output. Ask who sets budgets, priorities and staffing, then compare that answer with the time spent producing the underlying service. The gap often decides the classification question.
Identify support for the management proposal
Explain the function, reporting relationships and who performs the underlying operational tasks. A function-manager analysis requires primarily managing rather than performing the function. Do not assume that headcount alone proves eligibility or that a lack of direct reports automatically resolves the assessment. Collect current reporting charts, delegation records and role descriptions from both entities. Planned support should be labelled as planned, not presented as existing infrastructure.
Establish the qualifying transfer history
Document entity ownership and control, relevant foreign employment dates and locations, and actual business operations. Assess the required continuous foreign employment within the applicable lookback period individually. Time spent in the United States does not count toward the foreign year. Build a date table from payroll, travel and employment records. It should show the qualifying organization and location for every relevant month.
Review the actual U.S. operation
Determine whether established-office or new-office requirements apply. For an L-1A new office, assess sufficient premises, required foreign managerial or executive employment and ability to support the intended managerial or executive role within one year of approval. An attractive role description needs a credible operational basis. For a new operation, treat premises, staffing and revenue plans as evidence to be tested against the first year’s actual outcome, not merely a persuasive forecast.
Establish the qualifying foreign year and active organizations
The foreign employment generally must include one continuous qualifying year within the relevant preceding three-year period, assessed on the individual facts. U.S. days do not count toward that foreign year; a trip should not automatically be treated as breaking continuity. The qualifying organization must do business in the United States and at least one other country during the relevant period, through regular, systematic and continuous provision of goods or services rather than registration alone. The choice is strongest when the U.S. role remains management after launch pressures arrive; an impressive title cannot cure a job that becomes hands-on production.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.