The L-1A as a Managerial Transferee

How does an employer show that a beneficiary qualifies as an L-1A managerial transferee?? Let us assume that there is the proper relationship between the company abroad and the company in the U.S. and the beneficiary has already been employed with the company abroad for the one-year period. Let us also assume that you have already shown that each company is continuously doing business and the company abroad will not go out of business during the period of the L-1A.

There is no prevailing wage requirement and no limit on visa numbers for the L-1A.? L-1As can be approved for a three-year period and their status can be extended up to a total of seven years. Additionally, the L-1A manager may later be eligible as an EB-1 priority worker manager or executive for the greencard.?

First, for the L-1A as a managerial transferee, the petitioning employer must show that the beneficiary manages the organization, or a department, subdivision, function, or component of the organization.

The petitioner will have to provide at least two detailed organizational charts, one of the current position abroad and a second of the proposed position in the U.S.? Indeed, you may need even four organizational charts, two for each position, the first to show the manager’s position and all subordinates, midlevel managers and supervisors and employees, and a second chart to show the manager’s position within the entire organization.

You will need two detailed job descriptions with percentages of time spent on each job duty. The first, is of the manager’s current position abroad, and the second is the description of the proposed position in the U.S. The employer will have to explain if the manager will continue to manage the employees abroad, and so spend part of his or her time in the U.S. and part of his or her time abroad, or whether someone else will take over the duties abroad, and the manager will stay in the U.S. during the period of the L-1A.? If the manager has a key role abroad, and will be staying in the U.S., you must explain who will take over the role abroad and ensure that the related company abroad continues to function.

You will also need to submit documents such as contracts with clients or work orders, or licensing agreements, to show projects the manager has been / will be involved in, or other documents showing precisely what the manager will be managing.? You may provide examples of work product and plans.

The petitioner must submit documents showing the beneficiary’s education and work history, such as university degrees and diplomas, job experience letters, raise and promotion letters, prizes or awards, how the manager has helped the company increase its revenues and by how much, patents or other intellectual property the manager developed and is responsible for, etc. You need to submit proof of the manager’s salary, bonuses, and benefits.

Second, the petitioner must show the beneficiary supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization

Regarding the L-1A managerial transferee, it is hard to overstate how much documentation the employer will need to submit.? Not only do you have to document the managerial beneficiary’s job duties and qualifications, but you must also document the job duties and qualifications of all the manager’s subordinates. You need to show, through the organizational chart and with other evidence, that there are two layers of subordinates below the manager beneficiary. You need to prove that at least some of the employees below him or her are professionals and/or supervisors or intermediate managers.? So, the employer must submit not only lists of job titles and job descriptions for the employees below the manager beneficiary, but also for at least most of the subordinates, their resumes, C.V.s and copies of university degrees or diplomas to prove their qualifications as professionals and that some of the subordinates are highly experienced midlevel managers themselves.

The employer must do this for both the subordinates managed abroad and the subordinates to be managed in the U.S. One issue that tends to arise, is that the midlevel managers or supervisors below the manager beneficiary may have been with the company for many years, and HR does not have any resume or copies of degrees or diplomas for them. ?This can be a sticky job for HR to call these folks up, asking them for an updated resume and copies of their college or university degrees or diplomas, needed for someone else’s immigration petition to the US!

Not only that, but you will need all payroll records of the subordinates abroad and as well as for the ones in the U.S. to show that these employees are actually currently working for the company abroad and the related company? in the U.S.?

Is your head starting to spin yet?? You will be drowning in paper by the time you finish an L-1A petition.

Third, the employer must show that the manager beneficiary has the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization) if another employee or other employees are directly supervised; if no other employee is directly supervised, functions at a senior level within the organizational hierarchy or with respect to the function managed;

As part of your list of job duties, you need to include how the beneficiary is involved in any personnel decisions, for example if the beneficiary participates in interviewing candidates for hiring, does performance reviews of those below him or her, and can recommend promotions, raises, or take action to discipline or terminate an employee.

If the beneficiary does not manage many employees, the employer must show how he or she manages a particular function, and use specifics.? For example, if the manager determines how a large budget for the function is spent or creates and oversees large projects. Let us take the case of a marketing manager who manages a budget of $79 million per year, and provide examples of particular marketing projects and successes with specifics.

Fourth, show the manager exercises discretion over the?day-to-day operations of the activity or function for which the employee has authority. A first-line supervisor is not considered to be acting in a managerial capacity merely by virtue of the supervisor's supervisory duties unless the employees supervised are professional.

Again, back to the list of job duties.? You want to incorporate the words, “Uses discretion to…” or “exercises independent judgment” regarding particular job duties.? Explain which decisions the manager can make on his or her own.? Provide examples of work product, such as policy memos issued by the manager, and other proof of policies and procedures the manager has created and implemented.? Of course, we could go on about additional documentation, but I will spare the reader!

This article is meant for informational purposes only and is not intended as legal advice. Copyright 2023 ? Heidi J Meyers, all rights reserved.

?

?

?

?

?