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ELNORA · L-1A FIELD GUIDE

Does replacing an approved manager make the incoming employee automatically eligible?

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THE DIRECT ANSWER

No. The incoming person needs an individual qualifying history and a genuinely qualifying U.S. role. The predecessor’s approval is not transferable evidence of every condition.

Describe this applicant rather than the vacant position

Identify actual duties, authority and support. A shared title cannot establish that the person will primarily manage or execute the work.

Where the corporate structure involves several owners or holding entities, ask counsel to assess control using the actual governing documents rather than a simplified organizational chart. Confirm payroll, duties, and the parent, branch, subsidiary, or affiliate link; for a non-new office, the qualifying organization must be doing business as an employer in the United States and at least one other country, while a new office must meet the separate commencement requirements. Ownership can help explain the corporate relationship, but the qualifying employment abroad, the actual business activity of both organizations, and the managerial or executive nature of the proposed U.S. role still need to be independently established. Common ownership and control by the same parent can make two operating companies affiliates for this purpose, but the relationship has to be proved from share registers and agreements rather than asserted from a shared brand or management.