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LINCOLN · L-1A FIELD GUIDE

Can executive compensation prove the required duties?

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THE DIRECT ANSWER

Compensation may be context but is not a universal role threshold. Explain actual authority and principal responsibilities.

Avoid a financial shortcut

A salary or budget cannot replace evidence of managerial or executive work and the support performing operations.

Identify delivery staff salaries, vendor contracts, premises, travel, and phased hiring that supports the proposed managerial or executive role. For a new office, lease commitments, staffing costs, and operating capital may be relevant because they show whether the proposed operation can support the role within a year; they should be documented as actual obligations, not rounded estimates. L-1A requires a primarily managerial or executive American role plus one continuous year of qualifying foreign employment in the previous three years with a related parent, branch, subsidiary, or affiliate; a salary increase supplies none of those elements. The petition must demonstrate the qualifying corporate relationship and the applicant’s continuous qualifying year abroad in the prior three years; for a new-office L-1A petition, that year itself must have been managerial or executive. The larger costs are preparatory: assembling corporate evidence, accountants producing financial statements for both entities, legal work on the petition, and the possibility of responding to a request for evidence.