When we are going to ask for a L1 visa the first decision that we must take is about what of any of the routes that this visa have apply to our situation.
We must choose between L1-A route for peoples in the a “managerial and executive” positions or L1-B route for skilled worker with a special knowledge which could be critical for the developing of the business in the US.
In this article, I want to analyze what means to have experience in a “Managerial or executive position” as USCIS will be very strict in the interpretation of the data that we are going to present for supporting our arguments.
I want to start remembering what say CFR in the point (I)(1)(ii)(A) about how to interpret what is an “Intracompany transferee”:
Intracompany transferee means an alien who, within three years preceding the time of his or her application for admission into the United States, has been employed abroad continuously for one year by a firm or corporation or other legal entity or parent, branch, affiliate, or subsidiary thereof, and who seeks to enter the United States temporarily in order to render his or her services to a branch of the same employer or a parent, affiliate, or subsidiary thereof in a capacity that is managerial, executive, or involves specialized knowledge.
Really, CFR is going to give us three different options about the position that the employee could developed in the origin country:
- An executive position.
- A managerial position.
- A position that involves specialized knowledge.
For the first two options we must choose the L1-A route.
For the third the election must be L1-B route.
So far, the interpretation is very easy and there is no doubt.
But what is the difference between an executive position and a position as a managerial?
Executive Position mean that the employee has had total freedom for taking all type of decisions related with the daily work of his o her department or function. Should have participated in the goals definition, should have defined the forecast for the department, should singed contracts related with activities of the department and this type of things.
However, a managerial position means that you have had workers in your department under your control and supervision. In this point it is very important explain that, for USCIS, you must show that your position, is not a position as a “supervisor” rather than a “manager”. For USCIS, the difference must be in the qualification of people in the team. If you have a big structure with other subdepartment and secondary directors and supervisor, your position will be a managerial position. Other option, if you are managing a small department could be to show USCIS that all the employees under your control are “professional.”
Professional means as a general to possess a university degree.
An remember that you can try to defend both positions, as an executive and a manager simultaneously. But in this case, you must prove your capacity avoiding mixing both positions.
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