Rizza07

Hi Everyone, I am a Sales Director in IT (no direct reports) and my company is applying for an L1 visa for me. Has anyone with this position received an L1-A? I am hoping for an A as the next step, Green Card, seems much simpler and chances seem higher. From what I understand going from L1- B to a Green Card is exceedingly difficult and and likely wouldn't be successful once the company goes through the PERM process.

Jerseygirl

Welcome to BE. You are correct The L1A would be the visa of choice. Try to get it in writing from your employer that they will apply for the GC ASAP.

Rizza07

Right, definitely would be ideal, but from reading the L1 and L1 B, it seems a Sales Director (with no reports) could possibly fall into either category?

SanDiegogirl

I moved with an L1-A and I had no direct reports. However, I was a functional manager (Project Manager) with specific responsibilities which directly related to other engineering/software groups within my division.
Must say when it came to the Green card the company lawyer did a very comprehensive report on my role within the company.

postbox134

I thought L1-A required an org chart that shows directs and the management/executive role. That being said, EB-2/EB-3 for the greencard isn't so terrible for British passport holders as they are still current - assuming the PERM goes well.

destone

L-1A caters for executives and mangers, two very different positions. In the case of an executive, it is not a requirement to have direct reports. Of course, you still need to meet the definition of an executive. Search for "L1A manager executive RFE site:uscis.gov").

SanDiegogirl

As a manager you can show you are a functional manager i.e with total responsibility for a specific role within a company. You don't need people reporting to you directly.

Just as an aside would have thought a Sales Director would have direct reportees? Sales reps/managers etc

S Folinsky

These cases can be incredibly fact specific. Some general points:

There is often overlap between L-1A and L-1B. In other words, it is possible for an L-1B to have also qualified for an L-1A.

The employment based categories are analogous to the non-immigrant categories, but they are not identical. As a practical matter, it seems that L-1A is a precursor to EB-1, but not necessarily so.

When given a detailed set of facts, good immigration attorneys figure out a path forward. And it may be a path other than the generic one.

Also, it is often not a bad idea to seek parallel paths concurrently. When I was in practice I had a case where I saw two paths forward, one of which the minions of the dark forces were examining with a fine tooth comb. The other path was one that was not in CIS crosshairs but I had my doubts if the petition would be approved. Well, good crosshairs case generated the RFE from hell while the other one was approved posthaste.