nudda

Hi all,

Firstly, I have searched but couldnt find the info I am looking for.

I've been reading "L1A interview qiestions" from a number of different sources. I am a manager myself but do not have any direct reports. My understanding was that you can be a manager with functional responsibility and that is fine too. Will it be an issue if I have no direct reports?

Also, I am looking to be home based in the US. That might not make sense i.e. they might say why are you moving to the US if you dont need to be in an office. Will this be an issue?

I am at early stages of the process but want to do my homework before I start fillind in forms with the company and lawyers.

thanks!!

nudda

p.s: I also saw a youtube video on this and apparentl they asky these question at interview



note: I am based in the UK (UK national, from birth)

Thanks

S Folinsky

General comment: it is a very good idea at the interview to be quite familiar with the contents of the petition.

nudda

Sure. Haven't got to the petition stage yet but I am normally very organised (if I can toot my own horn!) so will be making sure I know the contents of the petition back to front. That is, you mean the form and not something else (?)

nudda

This is what I got from one law site, but I can't find official source for it.


Who qualifies as a manager for the L-1A visa?

A manager is defined as someone who manages people, or those who manage a “function” of an organization. The person in a manager position must:

• Manage the organization, or a department, function or component of the organization;
• Supervise and control the work of other supervisory, professional or managerial employees or
• Manage an essential function within the organization, or a department or subdivision of the organization;
• Has the authority to hire and fire or recommend hiring and firing of employees. If the position does not supervise others, the person must function at a senior level within the organization’s hierarchy or with respect to the function managed; and,
• Exercise discretion over the day-to-day operations of the activity or function.

SanDiegogirl

I moved to the US on an L1A with 12 years of Project Management with my company and I had no direct reportees.

I was a functional manager with specific Project Management responsibilities. I worked WITH, but not for and they did not report to me, an engineering team and a sales team. I did not have hire or fire responsibilities but did have work flow, planning, and goal authorization.

I did work at an office in the US.

Hope this helps.

ian-mstm

No, because it's not a requirement.


US immigration doesn't care where your office is... the business will still have a US-based address that, hopefully, isn't the same as your home.


I don't understand why you'd need one.

Ian

nudda

SanDiegogirl: Thanks! Very helpful although I wonder if the rules have changed as your experience is from 12 years ago. I dont know why these Indians all state the need for direct reports when being questioned at their interview for L1A

ian-mstm: Thanks also! I was looking for the source to be sure. I dont want to apply for an L1A if I know they will not give me one. I have been in a manager capacity for nearly 2 years but I read in different places that you need direct reports, just being a "manager" is not good enough.

nudda

So I've found the original source (I think)

www.state.gov/documents/organization/87228.pdf

101(a)(44)(A)(ii)

Noorah101

What does the company lawyer think?

Rene

ian-mstm

You don't. I suggest you stop reading "in different places"... because all you're doing is causing yourself unnecessary anxiety.

Ian

SanDiegogirl

..... and it specifically mentions those who do not have supervisory or managerial responsibility for other people:

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

To be specific in my case I moved over 15 years ago, but had 12 years of PM experience prior to my move.

nudda

Thanks all. I will stick to official source and forget the rest. Feeling a lot better now!

Lawyer has not yet been assigned as still early stages (company side)

Pulaski

As I understand the L-1A rules, the company needs a separate business premises/office/location. You can't just get an L-1A and work from home, so like Ian said, hopefully the company does have business premises in the US.

nudda

Yes, it has multiple locations in the US. I guess I can start with being based there and work from home as/when needed.