L-1A Previous One-Year Employment

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 beneficiary has been employed in an executive or managerial capacity for one continuous year in the three year period before the time of his or her application for admission to the United States.

It is often difficult to prove both the duration and timing of the employment, as well as the managerial or executive nature. The application must be filed before the one year expires beyond the three year period. For this reason, proficiency and promptness are key.

When a client comes in, we assess the documents provided and listen to them articulate their past job description. While the description may be managerial or executive, there is often insufficient recorded evidence. For instance, a client may not have training records or written descriptions of the past employment.

The USCIS must be provided and convinced with the following evidence in order to establish eligibility:

  •  Copies of the beneficiary’s training, pay or other personnel records. These should show the beneficiary was employed in a managerial or executive position abroad.

  • An organizational chart or diagram, showing the foreign entity’s organizational structure and staffing levels.

  • If employment was managerial, then a letter from an authorized representative of the foreign entity describing the beneficiary’s managerial decisions made on the entity’s behalf. The letter should describe the beneficiary’s typical managerial duties, and the percentage of time spent on each.

  • If employment was executive, then a letter from an authorized representative of the foreign entity describing the beneficiary’s executive decisions made on the entity’s behalf. The letter should describe the beneficiary’s typical executive duties, and the percentage of time spent on each.

WHAT WE DO: When the client lacks the necessary evidence, Tsang and Associates will act as the in house legal department for the company. On the client’s behalf, we often contact the beneficiary’s supervisor(s) or the foreign entity’s Human Resource Department with a sample letter describing the beneficiary’s work history and experience with the foreign entity. When pay records are lacking, we step in with solutions.

In order to avoid RFE’s and unnecessarily extending the process, the applicant must be proactive. Otherwise, one runs the risk of the one year employment becoming void after the three year period. And, at Tsang and Associates, we are prepared to help you through every step of the L1-A process until success.