L1B to L1A conversion

[Srini75]

Hi

I am currently working in the capacity of senior project manager at my client place & manage a team of 7 professionals to manage the projects. I am currently on L1B visa which will expire in Jan 2014.

I inquired with our company immigration department to process L1A visa for me while I am in US, but they said I am not eligible for L1A visa.
I meet the following some of the eligibility criteria's but may be not all.

* (ii) 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;

* (iii) if another employee or other employees are directly supervised, has the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization) or, if no other employee is directly supervised, functions at a senior level within the organizational hierarchy or with respect to the function managed; and

* (iv) 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.

I meet all the above 3 criteria's.

But for the below one, I am not sure because I don't handle a department or a division, but I am a part of a division & manage a project & heading a team at client place.

* (i) manages the organization, or a department, subdivision, function, or component of the organization;

Can anyone share or suggest your thoughts if you think I am eligible to apply for L1A visa.

Thanks,
Sri

[nicoeppersma]

Hi

I am currently working in the capacity of senior project manager at my client place & manage a team of 7 professionals to manage the projects. I am currently on L1B visa which will expire in Jan 2014.

I inquired with our company immigration department to process L1A visa for me while I am in US, but they said I am not eligible for L1A visa.
I meet the following some of the eligibility criteria's but may be not all.

* (ii) 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;

* (iii) if another employee or other employees are directly supervised, has the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization) or, if no other employee is directly supervised, functions at a senior level within the organizational hierarchy or with respect to the function managed; and

* (iv) 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.

I meet all the above 3 criteria's.

But for the below one, I am not sure because I don't handle a department or a division, but I am a part of a division & manage a project & heading a team at client place.

* (i) manages the organization, or a department, subdivision, function, or component of the organization;

Can anyone share or suggest your thoughts if you think I am eligible to apply for L1A visa.

Thanks,
Sri

For immigration purposes, there are two types of managers: functional and organizational. A functional manager can manage an essential function. For example a highly skilled program or project manager can be eligible for EB-1C classification. An organizational manager can manage people or organizations. For example, the Vice-President of sales will manage the sales organization and will be a clearly acceptable candidate for the EB-1C classification. The 1st-line supervisor MAY qualify, if his or her reports are considered professionals (i.e. bachelor's degree or higher).

Another requirement, which you did not list, is that the beneficiary must have been a manager abroad as well. In that respect, the requirements of the L-1A visa still apply. An L-1B visa holder who has no managerial experience abroad, but was promoted to first-line manager (or CEO, for that matter), will not qualify for L-1A nor EB-1C.

I actually went through that process myself, and my employer had to submit proof that I had a managerial role outside of the U.S.

[visa_2014]

Can some explain L1A Executive v/s Managerial

Can some explain L1A Executive v/s Managerial? My company is planning to change my visa type from L1B to L1A.