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FOR BUSINESS LEADERS · KENTKent

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Hypothetical example: a Kent dealer that installs and services milking and barn-automation systems wants to open a U.S. service branch and send its service manager to run it. He supervises four technicians in Canada and will supervise three in the United States. The L-1A category requires that his U.S. duties be primarily managerial or executive, and the regulation is explicit that a first-line supervisor of non-professional staff is not a manager for this purpose unless the role is otherwise shown to be managerial, for instance by managing an essential function of the organization. The one continuous year of qualifying employment abroad, the corporate relationship between the two companies and the new-office conditions all still have to be proven independently. The first review should produce a duty allocation, not a better title. List the tasks the transferee will perform in a normal week, identify the employee or contractor who performs each operational task, and show which decisions remain with the transferee. That exercise tests the role before the company commits to a move. It also distinguishes an initially lean new operation, where some hands-on involvement may occur, from a position whose ordinary purpose is technician work.

Talk about L-1A
PurposeExecutive or managerial transfer
Company linkQualifying related businesses
New officeA distinct evidence requirement

IN THIS GUIDE · What usually goes wrong when a service manager is described as an L-1A manager

Start with the L-1A eligibility and application overview

01

The supervisor problem, stated plainly

Managing three technicians is real work, but the regulation treats supervision of non-professional employees as managerial only when the supervisor also carries the wider markers of the category: authority over hiring and firing or recommendations on them, discretion over day-to-day operations of the function, and a position above first-line supervision in the organization. A petition that lists 'supervises technicians' as the main duty invites the finding that the role is a working foreman. The alternative is to describe the function he manages—the entire U.S. service operation, its scheduling, parts inventory, warranty relationships with manufacturers and customer contracts—and to show that the technicians do the hands-on work while he directs it. Use percentages only when they can be supported by calendars, job descriptions and organization charts. The important question is who makes the service operation run when a technician is dispatched or a warranty dispute arises. A manager may review the result; a working foreman ordinarily performs the service himself. The record must show the former is the principal role.

02

Prove the year and the relationship separately

The service manager must have worked for the Kent dealer continuously for one year within the three years before the petition, in a managerial, executive or specialized-knowledge capacity. Payroll records, T4 slips and a dated appointment letter carry that point. The U.S. branch must be a parent, subsidiary, affiliate or branch of the Canadian company, established by ownership documents rather than by a shared name. Both entities must remain active as employers during the transfer; a Canadian company that winds down would break the relationship the category depends on. Create a dated employment chronology before drafting the petition. It should identify employer, location, title, capacity and any period spent outside the foreign organization. Payroll proves pay, while contemporaneous job descriptions, calendars and decision records help establish capacity. This separates an eligible year from a long career that contains too little qualifying work.

03

Meet the new-office evidence before filing

A branch that has not been operating for a year is a new office. USCIS expects secured physical premises, a description of the proposed U.S. entity, its ownership, financial ability to pay the manager and start operations, and a plan showing the operation will support a managerial position within one year. Approval is limited to one year, and the extension will test whether the business grew as described. A lease on a service bay with parts storage is ordinary evidence here; a letter of intent to lease is not. The first-year forecast is a management test, not a sales brochure. It should identify the anticipated hiring sequence, revenue sources, customer pipeline, equipment and who will absorb field work. If the plan depends on the transferee personally doing every installation, it undercuts the managerial premise that the extension must later demonstrate.

04

Plan for the dependants and the term

An L-2 spouse is employment-authorized incident to status, which distinguishes this category from TN's dependants; children under twenty-one may study but not work. L-1A status can be extended to a maximum of seven years. Neither point rescues a petition in which the U.S. role is essentially a working supervisor, so settle the role description before spending on premises or relocation. A seven-year L-1A ceiling is a planning constraint even when the first approval is short. The company should decide early whether it may pursue a permanent route, rotate leadership, or build a U.S. team that can operate without the transferee. That decision does not alter the current petition, but it prevents a successful launch from creating an unplanned status deadline.

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L-1A · KENT

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