Introduction
Today, let’s dive into a quick but vital discussion about L1A job titles, duties, and supporting documentation required for a successful L1A petition. Our firm has attorneys with extensive experience in handling L1A petitions for CEOs and high-level managers, and we understand the challenges our clients face when it comes to providing detailed evidence to support their applications. While having a C-level or managerial title is impressive, it is not enough on its own to secure L1A approval. In this blog post, we will explore how to craft a compelling job description and gather extensive documentation to demonstrate that the applicant genuinely fulfills the managerial or executive duties required for the L1A visa.
Understanding the USCIS Definition of Managerial and Executive Duties
A successful L1A petition requires a detailed job description that includes primarily managerial and executive job responsibilities. Merely stating that you oversee and manage the entire company or a department is insufficient for the L1A petition. L1A applicants should list at least 5 to 6 primary job duties that meet the USCIS’s definition of managerial and executive duties found under Chapter 6 of the USCIS Policy Manual.
Primary managerial job duties should indicate that you
- Manage the organization, or a department, subdivision, function, or component of the organization;
- Supervise and control the work of other supervisory, professional, or managerial employees, or manage an essential function or department within the organization;
- Have the authority to hire and fire or recommend other personnel actions;
- Function at a senior level within the organization; and
- Exercise discretion over the day-to-day operations of your organization, department, or function.
Primary executive job duties should indicate that you
- Direct the management of the organization or a major component or function;
- Establish goals and policies;
- Exercise wide latitude in discretionary decision; and
- Receive only general supervision or direction from higher level executives, the board of directors, or stockholders.
Creating an Expanded Job Description
Once you’ve identified the primary managerial or executive job duties for your position, provide sub-tasks that describe how you execute each primary duty. We want to provide concrete examples of your responsibilities, such as holding regular meetings with direct and indirect reports or the executive team. You may describe how you review and prepare reports to analyze performance; describe how you delegate work to your direct reports; explain the extent of your authority to hire, fire, and carry out personnel actions; and/or describe how you set and oversee budgets providing specific financial numbers. A detailed breakdown of your job duties is essential to convince the USCIS that you genuinely fulfill the role of a manager or executive.
Supporting Documentation
Once your detailed job description has been finalized, the next step is to gather documentation in support of your managerial or executive capacity. You should provide evidence of each of your primary job duties as well. Provide an organizational chart showing your managerial or executive role within the organization and the names and job titles for each of your immediate direct reports. Create multiple organizational charts, if needed, to capture your reporting line to an executive or high-level manager, all of your indirect reports, and any departments or functions that may fall under you. Provide resumes, CVs, or LinkedIn profiles and a job description for each direct report. If you delegate work to direct reports, provide emails, memos, reports or other written communications as evidence. If you set policies or goals, provide copies of the actual policy/goal, and any correspondence documenting the development or approval of the policy/goal.
Tailoring Documentation to Your Unique Case
Every L1A petition is different, and the supporting documentation will vary from case to case. The nature of your company and the specific job duties involved will influence the evidence required. It’s crucial to collaborate with an experienced immigration attorney to create a solid game plan for a successful L1A case. At our firm, we’ll guide you through every step of the process, ensuring your application meets all requirements and presents a compelling argument to the USCIS.
Conclusion
In conclusion, an L1A visa petition requires more than just a prestigious job title. Crafting a detailed job description and providing extensive supporting documentation is essential to secure approval. By aligning your job duties with USCIS definitions and providing concrete examples of your managerial or executive role, you can strengthen your case significantly. Our team of skilled immigration attorneys is here to assist you in building a compelling and successful L1A petition. Thank you for reading this blog post, and if you have any further inquiries, please don’t hesitate to reach out to us. We look forward to helping you on your immigration journey!
