“A significant portion of the alien’s time on a regular and systematic basis, [Will] be spent performing managerial, executive or specialized-knowledge activities which are part of, or directly affect, the day-to-day operations of the US entity…Generally, activities alone such as conferring with officials, attending meetings and conference, and participating in training are not considered productive employment and are appropriate for B-1 classification.”

From the above we can see that it is very important in drafting the job description of the beneficiary to ensure that the bulk of the employee’s time will be spent in managerial, executive or specialists tasks as opposed to more junior and routine activities.

For start-up branches, the beneficiary will be taking caring of many non-managerial tasks initially, but it must be demonstrated that within or by the end of the first 12 months sufficient staff will be employed so that the beneficiary’s duties in year two will be predominately commensurate to L1 employment requirements.

Business Expansion - L Nonimmigrant Visas