For purposes of L1A classification “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 the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization) if another employee or other employees are directly supervised; if no other employee is directly supervised, 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. A first-line supervisor is not considered to be acting in a managerial capacity merely by virtue of the supervisor’s supervisory duties unless the employees supervised are professional.
The foreign national worker being transferred to the U.S. entity must meet the definition above. A detailed job description of the work performed by the foreign national at the entity abroad is critical when filing an L1A petition.
Does your employee qualify for a transfer to the U.S. entity? Our immigration attorneys have extensive experience in preparing L1A petitions. Schedule a consultation here or call our office at 919.755.0505 for an evaluation.
