It must establish the qualifying corporate relationship, the required prior foreign employment, and a proposed US managerial or executive role.
Test three linked facts separately
Do not let a strong foreign business history conceal a weak US role description. Create one record set for ownership and control, one for the employee’s overseas service, and one for the proposed US responsibilities. Hypothetical example: A director helped establish a Canadian division but is expected to spend the US assignment doing daily sales calls with no staff or managed function.
That may not describe a managerial or executive position merely because the individual is senior. Identify authority over personnel, budget, policies, and a defined function. Explain who performs operational tasks beneath the transferee and how the organization will grow if it is new.
Preserve filings and corporate charts that show the connection on the relevant dates. The question is not whether the company respects the employee; it is whether the statutory classification fits the documented roles. Write down the decisive fact in plain language, then identify the document and issuer that can support it.
This prevents a broad label from concealing a missing legal element. If the available evidence points in two directions, record both possibilities rather than selecting the convenient one. The proper next step may be a narrower factual inquiry, not an immediate filing decision.
For this l1a review, keep that conclusion tied to the documents actually available. Confirm the current procedure before relying on an earlier file or informal description.