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NOTRE-DAME-DU-MONT-CARMEL · L-1A FIELD GUIDE

How should a Notre-Dame-du-Mont-Carmel carrier document owner-operators in an L-1A petition so the manager's authority is credible?

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THE DIRECT ANSWER

Show the owner-operator agreements she negotiates and signs, the rate schedules she approves and the org chart marking contractors distinctly from employees. Let the documents show authority over the function rather than claiming she supervises drivers who are not employees.

Contractors are evidence of the function, not of a workforce

Carriers that rely on owner-operators sometimes draw an org chart with forty drivers under the operations manager, which invites the finding that the chart misrepresents contractors as employees. The better approach is candour. Provide the standard owner-operator agreement, a list of contracted operators with dates, and the internal approvals showing that she negotiates, signs and terminates those agreements.

Add the rate schedules and load-acceptance criteria with her approval, the dispatch procedures she issued, budget documents for the function and performance reviews describing her responsibilities. Show the four dispatchers as employees under her, with their job descriptions, so the officer sees both the clerical staff she supervises and the function she manages. Payroll records establish her own continuous year abroad.

The corporate relationship is proved separately through the subsidiary's share register and the parent's records. Translate French documents under the USCIS rule and keep the originals available.