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L-1 Visa: Manager Position

In order for you to qualify for the L-1 visa, your assignment in the US must involve duties that are managerial, executive, or require specialized knowledge. The L-1A visa status is for executives and managers. The L-1B visa status is for those with specialized knowledge. To qualify in the manager category you must be a definition of a “manager” as defined by immigration law. If you would like to speak to an attorney about the L-1 visa, contact The Law Firm of Shihab & Associates for a consultation. We have more than 50 years of combined legal experience in a wide variety of complex and immigration law matters.

What is an L-1 manager?

The definition of “manager” for purposes of the L-1A visa is one who controls and supervises the work of professional employees, and one who manages the organization, or manages a department, subdivision, function, or component of the organization. You must supervise and control the work of others who are supervisors, professionals, or managers.

Managerial authority

You must have the authority to hire and fire subordinates or have the power to recommend such action as well as other personnel functions like granting promotions and authorization leave of absence for those employees that are directly supervised. If no employees are directly supervised, you must function as senior level within the organizational chart or within the area you manage. You must have authority to exercise discretion over day to day operations that your subordinate employee(s) has control over. Acting in a first-line supervisory capacity is not enough to qualify unless the subordinates you supervise are supervisors, professionals, or managers.

Control of subordinates

You may also qualify as a manager even if you do not manage subordinates if you can establish that you manage an “essential function” of the organization, as explained in another article following this one.

You must be “primarily” engaged in managerial duties

You are not eligible as an L-1 manager if your primary duties are to engage in day-to-day operational or administrative tasks of the business. If your primary duties are to perform tasks involving producing products of the company or by providing services of the company, you would be considered a staff member and not a manager. Rather, you must establish that your duties are primarily to supervise and control subordinates or to supervise and control an essential function of the business.

As a manager, your subordinates must be supervisors, professionals, or managers

Merely having the job title of manager and doing the duties of an ordinary front-line manager of low-level employees are not enough. For example, a restaurant manager or supermarket manager does not qualify. To qualify as a manager, it is not enough for you to supervise lower level, nonprofessional employees. Although your company may refer to you as a manager by your job title if supervision of employees is your primary duty, you would not be a manager for purposes of obtaining an L-1A visa. For more information or if you have questions about the L-1 visa, please contact our immigration attorneys at The Law Firm of Shihab & Associates, Co., LPA to schedule a consultation with an attorney at an office near you.

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