Managerial Workers

Every year, the United States Citizenship and Immigration Services (USCIS) grants a limited number of preference visas to multinational executives and managers. An experienced immigration attorney in The Woodlands can help the employer fill out the immigrant worker visa when the employer is seeking to permanently employ an alien in this visa category.

In many of these cases, the immigration attorney will also help the parties complete the corresponding registration or adjustment petitions that are filed for the family members of the employee as well.

Preference is given to an alien who, in the three years preceding the alien's application for classification and admission into the United States, has been employed for at least one year by a corporation and seeks to enter the United States in order to continue to render services to the same employer or a subsidiary in a capacity that is managerial or executive.

Attorney for the L-1A Visa in The Woodlands, TX

Luis F. Hess, an experienced immigration attorney with offices located in Montgomery County, TX, just north of The Woodlands. He helps employers file employment-based immigrant petitions for multinational executive, specialized knowledge workers, and transferring executives so that an employee can remain in the United States.

With experience in corporate transactions, litigation, and business operations, attorney Luis F. Hess is specially situated to advise potential clients with their employment immigration requirements. Experienced immigration lawyer Luis F. Hess helps his clients with employment-based immigration issues throughout Montgomery County and Harris County in Texas.

Contact us to find out more about the L-1 nonimmigrant visa classification, used by employers to transfer foreign nationals from a related entity abroad to work in the United States. Luis F. Hess can help you understand how a foreign worker can qualify for the L-1A executive or manager or L-1B specialized knowledge classification, how an employer obtains the L Blanket certification or the L-1 petition and blan ket application process, and how the foreign worker acquires lawful L-1 status.

Contact an attorney who can help you properly file the requisite immigration petitions through the United States Citizenship and Immigration Services (USCIS). Attorney Luis F. Hess advises companies on a number of visa issues, including temporary worker visas, intracompany visas, and other petitions. He represents clients throughout the cities of Conroe, Shenandoah, The Woodlands, Spring, and Houston, TX.

Call Luis F. Hess, PLLC at (281) 205-8540 today.


Back to top

Overview of Managerial and Executive Visas


Back to top

The Steps in Obtaining a Manager or Executive Visa

When an employee comes to the United States to begin a company’s operations through a “new office,” the employee can be admitted as a nonimmigrant manager or multinational executive, based on his or her position within the company.

The “new office” provision is found in 8 C.F.R. § 214.2(1)(3)(v). A renewal application for the employee working as a manager or multinational executive can be submitted. 

The petition seeks to permanently classify an immigrant multinational executive as an employee. In some of these cases, the USCIS will review the petition and request additional evidence concerning the corporate structure and the number, identities, and jobs of the company’s employees.

The immigration petition for an alien worker may be denied on several grounds, including insufficient evidence showing that the employee would function primarily in an executive capacity.

The agency might also find that the record failed to show that in the three years before entering the United States, the company employed the employee for one year as a multinational executive, as the statute requires.


Back to top

Definition of "Managerial Capacity"

For purposes of the managerial visa, the Act defines “managerial capacity” as follows:

An assignment within an organization in which the employee primarily -

  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.

8 U.S.C. § 1101(a)(44)(A).


Back to top

Definition of "Executive Capacity"

To obtain a multinational executive visa for a beneficiary, a petitioner must establish that the beneficiary came to the United States to be employed in an executive capacity. 8 U.S.C. § 1153(b)(1)(C). For purposes of the L-1A visa, the Act defines “executive capacity” as follows:

An assignment within an organization in which the employee primarily-

  1. directs the management of the organization or a major component or function of the organization;
  2. establishes the goals and policies of the organization, component, or function;
  3. exercises wide latitude in discretionary decision-making; and
  4. receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization.

8 U.S.C. § 1101(a)(44)(B).

Under 8 U.S.C. § 1101(a)(44)(C), the following requirements apply to staffing levels and size of organizations:

If staffing levels are used as a factor in determining whether an individual is acting in a managerial or executive capacity, the Attorney General shall take into account the reasonable needs of the organization, component, or function in light of the overall purpose and stage of development of the organization, component, or function. An individual shall not be considered to be acting in a managerial or executive capacity (as previously defined) merely on the basis of the number of employees that the individual supervises or has supervised or directs or has directed.

8 U.S.C. § 1101(a)(44)(C).


Back to top

The Difference Between the Managerial Visa and the Alien Worker Petition

Just because the USCIS grants an employee an L-1A temporary work visa does not mean that it will necessarily grant an immigration petition for an alien worker. An L-1A temporary visa is the non-immigrant worker counterpart to the immigrant worker petition.

The L-1A provides for a temporary work visa for qualified executives and managers. In other words, a temporary work visa allows a worker to stay in the country for only a relatively brief period of time. A permanent residency visa, on the other hand, allows the worker to stay permanently and is a step towards citizenship. See 8 U.S.C. § 1427(a) (stating that to be naturalized, an immigrant must have been “lawfully admitted for permanent residence”).

Just because the USCIS approves a managerial visa does not mean that it will approve an employment-based immigration petition even when it is based on the same evidence and involves many of the same requirements. For instance, the regulations define executive and managerial capacity the same for both provisions as follows:

  • 8 C.F.R. § 204.5(j)(2) defines executive and managerial capacity for immigration status; and
  • 8 C.F.R. 214.2(1)(1)(ii)(B) & (C) defines terms for temporary work permit.

The courts have rejected the argument that the USCIS must approve a permanent residency application based on a prior grant of a temporary work permit because the agency presumably puts less time into evaluating temporary work permits than permanent residency petitions.


Back to top

Finding a Texas Immigration Lawyer for the Managerial Visa

Attorney Luis F. Hess helps employers submit the requisite petitions for non-immigrant worker visas for those seeking to classify an employee as a multinational executive/manager in accordance with 8 U.S.C. § 1101(a)(15)(L). The petition establishes that the employee will be employed in the United States in a qualifying managerial or executive capacity.

Luis F. Hess also helps clients with questions about filing the corresponding registration and adjustment of status petitions for the family members of the employee. Luis F. Hess, PLLC represents clients in Shenandoah, The Woodlands, Conroe, Spring, Houston and the surrounding areas throughout Montgomery County and Harris County.

We can answer your quesitons about the L-1 nonimmigrant visa classification. We hlep employers transfer foreign nationals from a related entity abroad to work in the United States. Find out more about how the foreign worker acquires lawful L-1 status, how an employer obtains the L Blanket certification, how an employer obtains the L-1 petition and blanket application process, how a foreign worker can qualify for the L-1A executive or manager, or how a foreign worker can qualify for a L-1B specialized knowledge classification.

Contact us to find out more about employment-based visas. Call (281) 205-8540 today.


This article was last updated on Friday, January 26, 2018.