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CHESTERMERE · L-1A FIELD GUIDE

Does a board appointment establish a managerial or executive role?

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THE DIRECT ANSWER

No. It is one fact to examine alongside the applicant’s actual authority, duties and organizational context. The qualifying transfer conditions must also be established.

Describe decisions that the position controls

Identify what the person can approve and what remains with other owners or managers. Explain the essential function or staff directed and who performs routine work. A board resolution can support the account, but it should not replace a factual duty analysis or conceal a role primarily devoted to individual service delivery.

The maximum periods are cumulative within the same maximum-stay period, so a person who spent two years in the group's American operation in a specialised knowledge role has used part of the allowance unless a qualifying immediate prior year abroad makes a new period available. The petitioner must also prove a qualifying parent, branch, subsidiary, or affiliate relationship and one continuous year of qualifying employment abroad during the preceding three years; the business-activity showing must follow the separate rules for an established or initial new office. An affiliate relationship depends on the same person or entity owning and controlling both companies, so a venture split evenly with an unrelated American family usually fails unless a shareholders agreement or other instrument gives the Canadian side actual control.