L1A Visa Managerial or Executive
Dec 27th 2017, 11:09 am
#1
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L1A Visa Managerial or Executive
Morning everyone.
On a previous thread I was asking about the requirement for a new L1A Visa petition to be filed by my company on my behalf.
I was wondering if anyone can clear up the requirements for me of an L1A visa petition.
As I understand it there are a few main requirements
Be seeking to enter the United States to provide service in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations.I am the CEO of the company, we employ 5 staff in the UK and are looking to mirror that in the US, now I have been advised that due to the size of the company, managerial could be a hard pressed discussion however it would be hard to disagree that I am an executive and so pushing the capacity as an executive should satisfy the requirement.
(B) The term “executive capacity” means an assignment within an organization in which the employee primarily—
(i) directs the management of the organization or a major component or function of the organization;
(ii) establishes the goals and policies of the organization, component, or function;
(iii) exercises wide latitude in discretionary decision-making; and
(iv) receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization.As the CEO I report directly to our board of directors (5 individuals) I set the course, goals and direction for the business and manage all financial raise and equity related decisions, its a small business but I direct it as a CEO. We have around a $500k to help with the expansion of the business.
Can anyone tell me in their experience does this qualify as an L1A executive capacity?
We will be instructing an immigration lawyer to conduct the actual petition for us however I would like to go into any discussion informed and armed with ideas.
Any help you can offer is greatly appreciate, as I mention we will be instructing an immigration lawyer however I would like to be educated from peoples experiences before speaking with them.
On a previous thread I was asking about the requirement for a new L1A Visa petition to be filed by my company on my behalf.
I was wondering if anyone can clear up the requirements for me of an L1A visa petition.
As I understand it there are a few main requirements
Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); - Check we have a subsidiary in the US
Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1. While the business must be viable, there is no requirement that it be engaged in international trade. - Check we are already turning revenue in the US from US companies but will also be opening an office also
Now the tough bit Be seeking to enter the United States to provide service in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations.
(B) The term “executive capacity” means an assignment within an organization in which the employee primarily—
(i) directs the management of the organization or a major component or function of the organization;
(ii) establishes the goals and policies of the organization, component, or function;
(iii) exercises wide latitude in discretionary decision-making; and
(iv) receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization.
Can anyone tell me in their experience does this qualify as an L1A executive capacity?
We will be instructing an immigration lawyer to conduct the actual petition for us however I would like to go into any discussion informed and armed with ideas.
Any help you can offer is greatly appreciate, as I mention we will be instructing an immigration lawyer however I would like to be educated from peoples experiences before speaking with them.
Dec 29th 2017, 4:56 pm
#2
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Re: L1A Visa Managerial or Executive
Note that as a matter of logic, there are two different definitions of "or."
OP appears to be using only one.
OP appears to be using only one.
Dec 29th 2017, 5:55 pm
#3
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Re: L1A Visa Managerial or Executive
Dec 29th 2017, 6:42 pm
#4
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Re: L1A Visa Managerial or Executive
Out of idle curiosity, what is the basis of your interpretation? Knowing that changes occur, I took a look at Immigration & Nationality Act, the regulations, forms and instructions.
Dec 30th 2017, 10:46 am
#5
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Re: L1A Visa Managerial or Executive
https://www.uscis.gov/working-united...ive-or-manager
Around 1/3rd down the page it breaks out a definition of a executive then a definition of a manger. If they where one in the same there wouldn't be two definitions / criteria.
Around 1/3rd down the page it breaks out a definition of a executive then a definition of a manger. If they where one in the same there wouldn't be two definitions / criteria.
Dec 30th 2017, 3:44 pm
#6
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Re: L1A Visa Managerial or Executive
I do not know the specifics of OP's business other than the limited facts presented. My only general comment is that it is possible to have an "executive" with little or no managerial duties, it is possible to have a "manager" with little or no executive authority, and it is possible to have a person with the duties and responsibilities of both. It does not have to be one or the other. Particularly in smaller operations, there can be and often is a high degree of overlap.
Dec 30th 2017, 4:08 pm
#7
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Re: L1A Visa Managerial or Executive
Ahh my apologize I was confusing your point I though you where saying that the statute was suggesting a manager and executive where one in the same thing due to the use of the word OR and therefor any applicant would need to satisfy both sets of requirements for an executive and a manager.
