The term “L-1” refers to a type of non-immigrant status available in the United States for intracompany transferees. The L-1 visa is specifically designed for employees of an international company with offices in both the United States and abroad. It allows a company to transfer certain employees from their foreign offices to their U.S. offices.
To establish eligibility for the L-1A non-immigrant status, a qualifying organization must have employed the Beneficiary in a managerial or executive capacity, or in a position requiring specialized knowledge for one continuous year within three years preceding the beneficiary’s application for admission into the United States
Under L intracompany, the Petitioner must establish that the Beneficiary would be employed in the United States in a managerial or executive capacity or special knowledge capacity.
New office:
A petitioner seeking to extend an L-1A petition that involves a new office must submit a statement of the beneficiary’s duties during the previous year and under the extended petition; a statement describing the staffing of the new operation and evidence of the numbers and types of positions held.
Managerial capacity:
“Managerial capacity” means an assignment within an organization in which the employee primarily manages the organization, or a department, subdivision, function, or component of the organization; 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; has authority over personnel actions or functions at a senior level within the organizational hierarchy or with respect to the function managed; and exercises discretion over the day-to-day operations of the activity or function for which the employee has authority. Section 101(a)(44)(A) of the Act.
The Petitioner bears the burden of proof to demonstrate the eligibility of the Beneficiary for L1 A or L1B by a preponderance of the evidence. Matter of Chawathe, 25 I&N Dec. 369, 375-76 (AAO 2010).
Based on the statutory definition of managerial capacity, the Petitioner must first show that the position in question involved certain high-level responsibilities. Sections 101(a)(44)(A) and (B) of the Act. The Petitioner must also prove that the Beneficiary was primarily engaged in managerial duties, as opposed to ordinary operational activities alongside the foreign employer’s other employees. Family Inc. v. USCIS, 469 F.3d 1313, 1316 (9th Cir. 2006).
Beyond the required description of the job duties, USCIS examines the company’s organizational structure, the duties of the Beneficiary’s subordinate employees, the presence of other employees to relieve the Beneficiary from performing operational duties, the nature of the business, and any other factors that will contribute to understanding the Beneficiary’s actual duties and role in a business.
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