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PILOT BUTTE · L-1A FIELD GUIDE

Can a Pilot Butte compliance director qualify for L-1A with no direct reports at the U.S. affiliate?

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THE DIRECT ANSWER

Yes, as a manager of an essential function, if she directs the function at a senior level and others perform its work under her authority. If she will personally conduct the audits, write the procedures and file the reports, the petition describes a specialist, not a manager.

A function manager directs; a specialist does

The definition of managerial capacity expressly includes managing an essential function within the organization, and health and safety compliance in a crane and rigging business may be an essential function if the petition establishes its importance to the organization. The category exists for exactly this role. The difficulty is evidentiary.

USCIS will ask who carries out the function's daily work in the United States if she has no subordinates, and if the answer is that she does, the role is not primarily managerial. The petition must therefore show a layer beneath her: site safety coordinators who report on safety matters to her, an external audit firm she engages and directs, operations supervisors who implement her policies, or Canadian staff who prepare submissions she approves. It must also show senior placement, discretion over the function's operations and control of its budget.

Her Canadian year must show the same, because the qualifying year abroad has to have been in a managerial, executive or specialized-knowledge capacity. Build both descriptions from what she actually decides.