L-1A Qualifying as Manager or Executive: A Case-by-Case Guide

Say your company wants to transfer a senior employee from your London office to run U.S. operations. A title alone doesn't decide the case. USCIS examines the actual duties, the organizational structure and who reports to whom.

What does managerial capacity mean?

Managerial capacity under 8 CFR 214.2(l)(1)(ii)(B) means an assignment in which the employee primarily manages the organization or a department, supervises and controls the work of other supervisory, professional or managerial employees or manages an essential function, and exercises discretion over the day-to-day operations^[2][1].

The definition has two parts: the beneficiary must perform certain high-level responsibilities, and the petitioner must show those duties are primarily managerial^[2]. There are two qualifying types: personnel managers and function managers.

Personnel managers

Personnel managers must primarily supervise and control the work of other supervisory, professional or managerial employees^[3][2]. A first-line supervisor is not acting in a managerial capacity merely by supervising others unless the employees supervised are professional^[1][3].

Say your London-based employee manages a team of five customer service representatives who handle inbound calls and process orders. That role would not qualify as managerial capacity because the supervised employees are not supervisory, professional or managerial staff.

In contrast, say the same employee manages three department heads—one for customer service, one for logistics, one for billing—and each department head supervises their own team. That structure would support a personnel manager claim because the employee primarily supervises other supervisors.

Function managers

A function manager primarily manages or directs an essential function of the organization, even without directly supervising employees^[2][3]. The petitioner must show the beneficiary manages the function rather than performs it^[3].

In Matter of G-, the beneficiary led a financial planning and analysis (FP&A) team that oversaw the monthly revenue forecast process and collected financial data^[3]. The record showed the beneficiary would be supported by six direct and three indirect reports who performed the routine duties, enabling the beneficiary to primarily develop policies and goals and oversee long-term strategies^[3]. The staff relieved the beneficiary from day-to-day administrative and reporting tasks, allowing the beneficiary to primarily manage the FP&A function rather than perform it^[3].

An employee who primarily performs the tasks necessary to produce a product or provide services is not considered managerial or executive^[3].

What does executive capacity mean?

Executive capacity under 8 CFR 214.2(l)(1)(ii)(C) means an assignment in which the employee primarily directs the management of the organization or a major component and establishes the goals and policies^[2][1]. Executive capacity generally refers to the employee's ability to make decisions of wide latitude without much oversight^[4].

The statutory definition focuses on a person's position within an organization^[3]. Say your employee in London sets quarterly sales targets for the European region and reports directly to the CEO with minimal oversight. That role's duties align with executive capacity because the employee directs management and establishes goals at a high level.

What corporate relationship qualifies?

A qualifying relationship exists when the U.S. employer is a branch, affiliate, parent or subsidiary of the foreign firm, corporation or other legal entity^[2][1]. The petitioner and the organization that employed the alien abroad must be qualifying organizations as defined at 8 CFR 214.2(l)(1)(ii)(G)^[1].

The U.S. employer must have a qualifying relationship with a foreign company (parent company, branch, subsidiary or affiliate) and currently be, or will be, doing business as an employer in the United States and in at least one other country for the duration of the beneficiary's stay^[4]. Doing business means the regular, systematic and continuous provision of goods or services and does not include the mere presence of an agent or office^[4].

Ownership and control

To establish a qualifying relationship, the petitioner must show that the beneficiary's foreign employer and the proposed U.S. employer are either the same employer (for example, a U.S. entity with a foreign branch office) or related as a parent and subsidiary or as affiliates^[3][2]. Stock certificates or other evidence of ownership interests alone are generally not sufficient^[2].

For a corporation, documents such as the corporate stock certificate ledger, stock certificate registry, corporate bylaws and the minutes of relevant annual shareholder meetings should be examined to determine the total number of shares issued, the exact number issued to the shareholder and the subsequent percentage ownership and its effect on corporate control^[2]. An entity may own less than 50 percent (directly or indirectly) of another entity but in fact control it^[2]. Ownership and control are two of the factors officers examine in determining whether a qualifying L-1 relationship exists^[2].

What are the one-year-abroad and position requirements?

The named employee must generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding admission to the United States^[1][4]. The alien must have been employed abroad continuously for one year by a firm or corporation or other legal entity or parent, branch, affiliate or subsidiary thereof within three years preceding the application for admission^[1].

Periods spent in the United States in lawful status for a branch of the same employer or a parent, affiliate or subsidiary and brief trips to the United States for business or pleasure are not interruptive of the one year but are not counted toward fulfillment of that requirement^[1].

The beneficiary must be seeking to enter the United States to provide service in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations^[4]. The company does not have to transfer the beneficiary in the same capacity in which the beneficiary was employed abroad^[5]. For example, a company may transfer a manager abroad to the United States to work in a position that primarily involves specialized knowledge^[5].

If coming to the United States to fill a managerial or executive capacity role, the beneficiary's qualifying experience abroad must have been in a managerial or executive capacity^[5].

What evidence does USCIS require?

An individual petition filed on Form I-129 must be accompanied by evidence that the petitioner and the organization that employed or will employ the alien are qualifying organizations, evidence that the alien will be employed in an executive, managerial or specialized knowledge capacity (including a detailed description of the services to be performed), and evidence that the alien has at least one continuous year of full-time employment abroad with a qualifying organization within the three years preceding the filing^[1][5].

When evaluating a claimed managerial or executive position, the officer reviews the petition and supporting evidence to establish that the beneficiary's employment qualifies for L-1 purposes^[5]. A petitioner may not claim to employ a beneficiary as a hybrid executive-manager and rely on partial sections of the two statutory definitions^[5]. If the petitioner represents the beneficiary as both an executive and a manager, it must still establish that the beneficiary is engaged in duties that are primarily either managerial or executive and meets all four criteria of that definition^[5].

What about new U.S. offices?

For an L-1A new office petition, the petitioner must establish that sufficient physical premises have been secured, that the beneficiary has been employed for one continuous year in the three-year period preceding the filing in an executive or managerial capacity and that the proposed employment involved executive or managerial authority over the new operation, and that the intended United States operation, within one year of approval, will support an executive or managerial position^[5][1].

A manager or executive opening a new business or office may be more actively involved in day-to-day operations during the initial phases, but the manager or executive must also have authority and intent to hire staff and have wide latitude in making decisions about the goals and management of the organization^[5]. Unlike other L-1 petitions, eligibility for L-1A new office approval may not be established through qualifying experience involving specialized knowledge^[5].

What to do next

Review your employee's actual duties abroad and the proposed U.S. role against the regulatory definitions at 8 CFR 214.2(l)(1)(ii)(B) and (C). Gather organizational charts for both the foreign and U.S. entities, corporate ownership documents (stock ledgers, bylaws, shareholder minutes) and a detailed description of the duties the employee performed abroad and will perform in the United States. An immigration attorney can assess whether the role and the corporate relationship qualify before you file.

This article is for general information only and isn't legal advice. Immigration rules change frequently; speak with an attorney about your specific situation. Read how we research, fact-check and approve articles in our editorial policy.