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TANTRAMAR · L-1A FIELD GUIDE

Can the earlier staffing chart be used after employees leave?

Sources checked:

THE DIRECT ANSWER

The chart should reflect actual facts at the relevant stage, with historical information clearly identified.

Explain what changed

Identify who now performs the departed workers’ tasks. Do not preserve a larger apparent team solely because it appeared in the first draft.

Ownership can help explain the corporate relationship, but the qualifying foreign employment, the actual business activity of both entities, and the proposed managerial or executive role in the U.S. still each need to be established independently. Managerial capacity can rest on supervising other employees, in which case the subordinates and their own duties are examined, or on managing an essential function of the organization at a senior level, in which case the function itself must be identified and its importance demonstrated. Small-subsidiary petitions fail when the narrative claims a large managerial role and the organization chart shows three non-supervisory employees. By what the person will actually spend their time doing in the United States, supported by an organisation chart showing who performs the operational work. Map the transferred executive’s routine tasks to named employees or genuine contractors, supported by payroll, schedules, agreements, and operating records. Supervising non-professional employees is treated as managerial only when the role also carries authority over personnel decisions and discretion over the operation, or when the person manages an essential function rather than the workers.