L-1A: Intracompany Transferee Executive or Manager

In our earlier post, we mentioned the L-1A category, specifically designed for individuals in executive or managerial roles seeking to transfer to the United States. In this post, we will outline some requirements that an applicant for the L-1A visa must meet.

Determining Executive or Managerial Job Duties

USCIS assesses the executive or managerial nature of a position by scrutinizing its job duties. Essential criteria include possessing the requisite executive or managerial authority, with the majority of job duties directly tied to the operational or policy management of the organization. These duties encompass directing and supervising other professional employees, as well as overseeing the planning, organizing, and controlling of certain organizational parts or functions.

It is crucial to note that positions bearing managerial or executive titles but primarily involved in the production of an organization's products or provision of services would not qualify as executive or managerial roles. USCIS considers several factors in determining the executive or managerial capacity of a position which include but are not limited to:

• The nature and scope of the U.S. employer’s business;

• The U.S. employer’s organizational structure, staffing levels, and the L-1A applicant’s position within the organization;

• The scope of the L-1A applicant’s authority;

• The work performed by other staff within the organization, including whether those employees relieve the L-1A applicant from performing operational and administrative duties; and

• Any other factors that contribute to understanding an L-1A applicant’s actual duties and role in the business

Personnel Manager vs. Function Manager

There are two main types of L-1A managers: Personnel Managers and Function Managers. Personnel Managers primarily oversee and direct the work of other professional employees, while Function Managers are responsible for managing the essential functions or core activities of an organization. To apply for an L-1A visa as a Function Manager, the U.S. employer should present the following to USCIS for consideration:

•   The function is a clearly defined activity;

• The function is essential (that is, core to the organization);

• The L-1A applicant will primarily manage, as opposed to perform, the function;

• The L-1A applicant will act at a senior level within the organizational hierarchy or with respect to the function managed; and

• The L-1A applicant will exercise discretion over the function’s day-to-day operations.

First-Line Supervisors

A first-line supervisor is typically characterized as a role tasked with overseeing the daily work activities of production workers and operators in a manufacturing facility. These supervisors are involved in planning, scheduling, and supervising the day-to-day tasks of nonprofessional employees. Despite potentially holding titles that imply a managerial role, first-line supervisors are not employed in an executive or managerial capacity as their primary responsibility lies in supervising and directing nonprofessional employees.

Conclusion

Understanding the distinct classifications within the L-1A visa category is essential for both prospective applicants and U.S. employers. Navigating these distinctions and providing comprehensive evidence to USCIS is vital for a successful L-1A visa petition. This nuanced comprehension contributes to the successful transfer of key employees from overseas to organizations operating in the United States. In our next post, we will overview requirements for L-1B.