An L-1A visa can be obtained for an international manager or executive who manages other professionals or who manages an important function of the organization (“functional manager”). Historically, it has been difficult to obtain L-1A for functional managers. USCIS is more esily convinced where professional employees are being managed.
We had a case for a Sales Manager from India being relocated by his European HQ to work in the USA. The company is several-thousand employee strong internationally, but has a low head count in the USA. USCIS sent an RFE that showed they were not convinced that the position was high enough in the hierarchy or managerial enough to be qualified as a manager or an executive under the L-A status. We responded with detailed explanation and evidence of the importance of the position, and that USCIS had neglected to consider that the position clearly qualified as a functional manager. USCIS approved the case.
Add new comment