A qualifying function-manager analysis may be relevant, but absence of direct reports is not itself an eligibility rule. Establish the essential function, the applicant’s seniority and discretion and the primarily managerial duties under the applicable standard. The work must actually be managed rather than simply performed.
Identify the people delivering the function
Describe the staff or other resources performing routine tasks and how the applicant directs the function. A small organization is not automatically excluded, but reasonable business needs do not eliminate the managerial requirement. Avoid replacing evidence with a prestigious title.
Create a duty allocation showing the essential function, decisions reserved to the transferee, routine work delegated to employees or providers, and the authority used to direct that work. Headcount is relevant context, not a substitute for proving primarily managerial or executive duties; a function manager must primarily manage the function rather than primarily produce its ordinary output. Separately document one continuous year of qualifying employment abroad during the preceding three years and the parent, branch, subsidiary, or affiliate relationship between the U.S. and foreign organizations, with the foreign organization doing business and the U.S. organization either doing business or meeting the initial new-office requirements. If the US operation is new, its initial approval is limited to one year and the plan must show capacity to support the qualifying role. L-1A time is generally capped at seven years. A common mistake is counting vendors without explaining who performs each operational task.
Hypothetical example: A Sherbrooke dairy-equipment company proposes transferring its supply-chain director to manage procurement for an established US affiliate. She has only two direct reports, but purchasing coordinators and contracted logistics providers execute routine orders. The petition should demonstrate her authority over supplier strategy, budgets, and policy, verify her qualifying foreign year and the affiliate relationship, and avoid portraying the vendors as employees.