L-1A Managerial or Executive Capacity
For the beneficiary to be a manager or executive who will open or be employed in a new office in the United States, you must show that the proposed employment involves executive or managerial authority over the new office.
The employee’s satisfaction of the managerial or executive role requirements is arguably the most difficult to satisfy. One cannot assume United States Citizenship and Immigration Services can tell this distinction from the job duties or the supporting documentation. They must be convinced with a diverse portfolio of evidence.
Requirements for someone of Managerial or Executive Capacity Includes but is not limited to:
- Responsible for managing either the whole organization or a department
- Supervise and control the work of other supervisory, professional, or managerial employees
- Have the authority to hire and fire
- Demonstrate that they oversee the day-to-day operations of the activity or function they manage
- Demonstrate that they spend a significant portion of time engaged in their position
When a client comes in, Tsang and Associates sits down and begins to understand their situation. As each company differs in industry, country and size, it is important to build a case suited specifically to the company and its needs; and this is what we do. Sometimes we get clients with very little time or some whom have very few employees. With each company dynamic comes a need for proof.
In order to surpass the USCIS’s scrutiny, sufficient evidence must be submitted. Documents that can prove to be helpful for a successful L-1A petition:
- Organizational Charts for the U.S. and Foreign positions:
- For personnel managers: Show all subordinate employees by name and title that report to the beneficiary and who is reporting to the subordinates
- For functional managers: Show the beneficiary is in the top tier of the organization, department, or subdivision
- Detailed job descriptions for the U.S. and Foreign positions:
- Should provide specific duties performed and the percentage of time spent on each duty.
- Should clarify the beneficiary’s decision making authority.
- Educational documents for subordinates, if they are considered professional.
- Forms W-2 or pay statements for subordinates or quarterly wage reports to show sufficient staffing to support a manager.
What We Do: At Tsang and Associates, it is our experience that a beneficiary’s role is both managerial and executive as companies are typically of small enough size. Considering, we find it useful to submit all evidence pertaining to both roles.
Considering the scrutiny this section receives and that the USCIS is not able to witness the daily activities, Tsang and Associates constructs sample documents to clearly communicate the qualification of the beneficiary, whether it be a cover letter, a resume, a sample daily agenda, or any such evidence that need be recorded to strengthen the case. Tsang and Associates has much experience with the USCIS’ standards and will assist you in meeting them.
The USCIS often renders this section the most difficult to prove. However, planning and experienced assistance from Tsang and Associates can help avoid future RFE’s and other filing issues.