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Hi,
I have a tricky question to ask. I must excuse myself if it seems a bit long but I'm trying to be as thorough as possible here.
I work for a 15-people technology startup. My company is planning to transfer me to the California using an L1A visa, on the grounds that I execute managerial functions. We have alredy filed the petition and got an excessively long Request for Evidence (RFE). Our lawyers told us that the first step would be extending a bit our business plan and also my job description. And here comes the tricky part.
According to the USCIS definitions, among others, a manager does primarily 4 things (I'm quoting here section 101 a 44 of the Immigration and Nationaltity Act):
"(1) manages the organization, or a department, subdivision, function, or component of the organization;
"(2) 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;
"(3) 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
"(4) 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."
As many small companies and start-ups do, much of what does not constitute our primary business (i.e. operational marketing, sales calls, graphic design, sales collateral creation and printing, etc) is done by external subcontractors, thus we leave in-house what is related to our core business (i.e. programming and coding).
Leaving aside the fact that this is a self-contained definition ("a manager is someone that manages the organization (...)"), I'm having trouble with how to express points 2 and 3. Does managing, dealing with, and deciding whether to use (or terminate) one subcontractor or the other complies with points 2 and 3?
Thanks in advance...
I have a tricky question to ask. I must excuse myself if it seems a bit long but I'm trying to be as thorough as possible here.
I work for a 15-people technology startup. My company is planning to transfer me to the California using an L1A visa, on the grounds that I execute managerial functions. We have alredy filed the petition and got an excessively long Request for Evidence (RFE). Our lawyers told us that the first step would be extending a bit our business plan and also my job description. And here comes the tricky part.
According to the USCIS definitions, among others, a manager does primarily 4 things (I'm quoting here section 101 a 44 of the Immigration and Nationaltity Act):
"(1) manages the organization, or a department, subdivision, function, or component of the organization;
"(2) 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;
"(3) 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
"(4) 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."
As many small companies and start-ups do, much of what does not constitute our primary business (i.e. operational marketing, sales calls, graphic design, sales collateral creation and printing, etc) is done by external subcontractors, thus we leave in-house what is related to our core business (i.e. programming and coding).
Leaving aside the fact that this is a self-contained definition ("a manager is someone that manages the organization (...)"), I'm having trouble with how to express points 2 and 3. Does managing, dealing with, and deciding whether to use (or terminate) one subcontractor or the other complies with points 2 and 3?
Thanks in advance...
