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NIPISSING · L-1A FIELD GUIDE

Does an operations director in Nipissing supervise enough people to qualify for L-1A?

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THE DIRECT ANSWER

There is no minimum headcount. The question is whether the duties are primarily managerial or executive within the organization's structure, or whether she manages an essential function. A small team does not disqualify her; performing the front-line work herself would.

The structure decides it, not the size of the payroll

L-1A asks whether Ines's duties will be primarily managerial or executive. Managerial capacity is usually shown by supervising and controlling the work of other supervisory, professional or managerial employees, having authority over hiring and firing or recommending those actions, and exercising discretion over day-to-day operations. Nine employees can satisfy that where four of them are department heads with their own staff.

What defeats the claim is a picture in which the person spends most of the week doing the operational work: taking bookings, running shifts, cleaning rooms. The alternative theory, function manager, is available where the individual manages an essential function at a senior level rather than managing personnel. Underneath either theory sit the fixed conditions: a qualifying corporate relationship, both entities doing business, and one continuous year of qualifying employment abroad within the preceding three years.

L-1A status is limited to a maximum of seven years.