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";s:4:"text";s:5325:"Executive capacity does not include those who perform high-level but personnel-remote functions.An executive does not necessarily have to manage a large number, or tiers of employees. The manager or executive should not, under the AAO’s reasoning, get his or her hands dirty by “day-to-day” sales, marketing, or any other non-managerial functions.By Attorney Farhad Sethna © 2016 All Rights ReservedThe AAO decision is noteworthy, because even though the law clearly states that “staffing levels” of an organization may be used as a determining factor as to whether an individual is acting as an L1A manager or executive, staffing needs are not the only criterion for L1A status. His practice is limited to immigration and small business. Please consult a qualified immigration attorney for advice on your specific case.Therefore, in conclusion, be warned: despite all the talk about encouraging investment and entrepreneurship, small businesses being the backbone of the US economy, etc. Please send your general immigration questions to AttorneySethna@immigration-america.com. Our number is: (330)-384-8000.

The decision was rendered by the Administrative Appeals Office, and has been adopted as a policy memorandum by the USCIS on April 14, 2016. However, under its new policy memorandum dated June 28, 2018, USCIS has greatly expanded its mandate for issuing NTAs without first consulting ICE. Now, USCIS will issue a … Other than this very limited exception, it is very clear that a manager or executive must have sufficient staff so that the staff perform the vast majority of the day-to-day administrative functions, and the manager or executive performs only some of these “operational or administrative tasks”, and that too only “from time-to-time”.However, the AAO clearly decided whether the beneficiary was acting in a managerial or executive capacity because of the number of staffers that were assigned to the US subsidiary’s operations.
granted L1A status to an alien based on his management of a US subsidiary of a Japanese company, there are factors in the decision which clearly indicate that a small company will probably not meet the burden imposed by the USCIS. While Matter of Z-A-,Inc. We will try to answer as many questions as possible.The AAO grants a beneficiary the ability to “perform some operational or administrative tasks from time-to-time”. An executive or manager is not to be considered as acting in such a capacity merely on the basis of the number of employees that he or she supervises, or directs.About the author: Attorney Farhad Sethna has practiced law for over 20 years. In doing so, the AAO determined that the manager or executive was not required to perform any of the day-to-day operating functions of the organization, but rather did indeed work in a managerial capacity.This is only general legal information. Despite all the public announcements about increasing investment in the USA and encouraging entrepreneurship, the USCIS seems hellbent on reversing the administration’s spoken intent by applying its anti-entrepreneurial bias.Therefore, on its face, this requirement in the law as set forth  at INA§101(a)(44)(C), would seem to indicate that the size of the company is not important, rather, what is important is whether or not the individual is acting in a managerial or executive capacity.In most small organizations, a manager or executive or owner will probably perform at least some of the day-to-day functions of the organization. The employee must have had broad discretion in decision making and have been subject to only general supervision by supervision by superiors.To qualify as an executive, the alien employee’s primary functions should have included direction of the management of the entire organization or one of its major components.The general rule is that a manager must direct other managers or supervisory-level personnel.Employees actually involved in the production of goods or services are not eligible.Managers are not required to supervise layers of people if they are functional managers.“Managerial” describes a position in which the alien employee directs the organization, a department, or a subdivision.He or she must have discretion over day-to-day operations.It excludes employees primarily responsible for production of goods or provision of services.If this requirement presents a problem, one alternative is to show that the manager supervises people who have specialized degrees at the bachelor’s level required for their jobs.The employee must have supervised some staff.

L-1A Visa Client Approval – 29 Days; USCIS Releases New Form Versions, Effective Immediately; L-1A Visa Client Approval – USCIS Approval in 13 days; Unannounced USCIS site visits for L … Clearly the USCIS frowns upon such “mundane” involvement by the manager or executive. Writing a Legal Memorandum for the CP: CLA with Leanne the Lawyer - Duration: …

USCIS has published a policy memorandum for employing L-1 workers outside the USA for one continuous year out of the 3 years before the time of filing an L1 visa. USCIS is no longer giving deference to a prior approval at the time of an extension.
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