“To qualify as a manager under the current definition, the nonimmigrant may also be involved in the high-level management of an essential function as well as supervising the work of other supervisory, managerial, or professional employees.”

Another definition of managerial capacity would be: -

“An assignment [the position on offer] in which the employee primarily directs the organization; supervises the work of other supervisory, professional, or managerial employees, or a department or subdivision of the organization; has the authority to take or recommend such personnel actions as hiring, firing, and promotion; exercises discretionary authority over the day-to-day operation; and does not include first-line supervision unless the supervised personnel are professionals.”

Here we can see more clearly that the position of manager must be substantive. In other words, it is not sufficient to hold the title of manager but the primary role of the beneficiary must be to manage others as opposed to doing the bulk of the day-to-day work themselves. Indeed, it appears that the manager’s staff must carry the essential functions of the business.

For example: A Physician who incorporates and then wishes to open up a branch in the US will not be recognized as a manager for L status, simply because he hires subordinate administrative staff in his practice. Here, even though the doctor has subordinate staff, it is the doctor himself who would be carrying out the core day-to-day function of the business, i.e., to treat patients.

Can a Sole Employee of a US Branch Qualify for L1 Status?

There is case law to support granting of L1 petition for a company that will have only one employee. In this case, (Matter of X, 16 Immig. Rptr. B2-84 (AAO Feb. 29, 1996)) the beneficiary applied on the basis that he was to be the only employee and would be president of the company, and that he would hire subcontractors as his work force. Petitions have also been approved where the beneficiary, as president, only employed one other person, (Matter of X, 10 Immig. Rptr. B2-13 (AA0 Apr.13.1992)). Both these cases were approved on appeal, and have now become case law for us to rely on in the future.

Business Expansion - L Nonimmigrant Visas