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APPLICATION ANSWERS · L-1A FIELD GUIDE

What should explain a Saguenay employee’s change from consultant to manager?

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THE DIRECT ANSWER

Use the actual agreements, effective dates and evidence of responsibilities. Explain any difference between the formal title and the work performed. The record should establish the relevant employment and capacity without assuming that one promotion letter proves the entire history.

Show how responsibilities changed

Identify decision-making authority, staff or function management and operational tasks in each period. Preserve records that predate the promotion. A current chart can explain the present organization but should not be presented as historical evidence that did not exist.

Build a dated record set: foreign payroll and employment evidence, corporate ownership documents, role descriptions, and evidence for the proposed U.S. assignment. A current chart explains only the current structure; it cannot prove historical duties. For a new office, include premises and realistic operating resources rather than a bare incorporation record. The person must have completed one continuous year with the related foreign organization during the preceding three years; L-1A stay is generally capped at seven years. Hypothetical example: A a commercial laundry systems director whose organizational chart was created after the foreign assignment ended. The first review should identify the missing record, decide whether the facts can be documented truthfully, and postpone the next step if they cannot. Relabelling routine work or reconstructing records after the event creates a credibility problem.

Build a dated evidence chain rather than relying on one promotion letter. Gather the consulting agreement and invoices, the later employment contract, payroll and tax records, contemporaneous organization charts, job descriptions, performance reviews, examples of decision authority and records showing who performed daily operations. The petition must establish one continuous qualifying year abroad within the relevant three-year period for a qualifying parent, branch, subsidiary or affiliate, plus a U.S. role that is primarily managerial or executive. Seven years is the normal L-1A ceiling. Retrospectively redrawing an old chart to resemble today’s structure is the mistake most likely to weaken an otherwise explainable transition.

Hypothetical example: A Saguenay modular-housing manufacturer promoted its former procurement adviser to operations director. Minutes approving supplier policy, payroll records and dated team assignments demonstrate when she began directing a function and stopped billing independently. A current chart is labelled as current, while archived rosters explain the earlier staffing. The company’s narrative connects each exhibit to the transition without claiming that her preceding advisory months were qualifying employment.