Possibilities of L1A individual VISA approval

[Shanbhagv]

I do not have typical managerial experience in India(No direct reporters), the current designation is Senior technical member. However, I do have internal roles which include managerial duties and technical leadership with specialized skills. The total experience is 8 years, in the current company it's 5.6 years. The position in the US is the functional manager, will not have any direct reporters there too!. My blanket L1A was rejected month ago with reason clearly not approvable, more details on the interview are here - https://www.immihelp.com/forum/usa-l...rly-approvable. Currently the legal team is preparing for L1A individual, they still believe it's the right VISA type for the Manager position in the US because the Manager position in the US will get benefits from the specialized skills and managerial experience I got in India though the current designation and nature of work is technical. Please let me know are we heading in the right direction or do we need to think of L1B. Please share your valuable thoughts. Thanks in advance.

[amarkeshari]

You should have reportees and managerial experience. It's very difficult without showing direct reportees and technical stuffs. L1 A individual visa is purely managerial visa. chek with you Visa team, I think they are putting you in wrong category, L1 B could be good for you.

[Libra_14]

L1A Individual visa has better chances of approval, hence companies are trying for that for everyone.

But for your profile L1A is not the right visa. If your company submitting false documents then it can cause trouble for them in future.

[Shanbhagv]

Thanks, amarkeshari & Libra_14. They are not preparing any false documents but preparing a support letter as I described above which looks more specialized skill support letter. I will have further discussions with my legal team to understand why they are proceeding with L1A.

[Libra_14]

If the letters are for Specialized skills then the visa type should be L1B only.

[Shanbhagv]

Got it, Thank you.

[Shanbhagv]

Thank you, everyone, for helping me in tough times with your valuable suggestion and support. My L1A individual is approved. Here is my complete experience - https://www.immihelp.com/experience/...t-reports.html

[Libra_14]

Congratulations & I am glad, I was able to help.

[sairam@1]

Congratulations I read your both the posts old and new, your attorney would have prepared your case more stronger so you got L1A petition approved without RFE. All the best have good time in USA.

[ratedguy]

kudos to your hardwork and diligence of your attorneys for getting L1A approved without typical managerial experience.

[Libra_14]

kudos to your hardwork and diligence of your attorneys for getting L1A approved without typical managerial experience.

Sarcastic ????

[ratedguy]

Sarcastic ????

Nopes, I mean it..

[Shanbhagv]

Thanks, Libra, Sairam.

Hey ratedguy - Thank You. Law is very clear about managerial capacity with and without direct reports, you just need to present your case well to USCIS (and/or) VO with facts and evidence on your managerial duties with respect to essential function.

Managerial capacity generally refers to the ability of the employee to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization. It may also refer to the employee’s ability to manage an essential function of the organization at a high level, without direct supervision of others. See section 101(a)(44) of the Immigration and Nationality Act, as amended, and 8 CFR 214.2(l)(1)(ii) for complete definitions.