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Hello,
I am trying to understand if there are any reportees necessary to be able to apply for L1A visa ?
And does your designation in the organization should be '* manager' ?
The uscis website https://www.uscis.gov/working-united...ive-or-manager says :
"Managerial capacity generally refers to the ability of the employee to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization. It may also refer to the employee?s ability to manage an essential function of the organization at a high level, without direct supervision of others. See section 101(a)(44) of the Immigration and Nationality Act, as amended, and 8 CFR 214.2(l)(1)(ii) for complete definitions."
Clearly it does not say anything on the "designation" as well as "reportees" (direct or indirect) needed for being eligible for the visa.
Further, the clause 44A (https://www.uscis.gov/ilink/docView/...0-0-0-195.html) states that:
"(44) (A)
The term "managerial capacity" means an assignment within an
organization in which the employee primarily-
(i) manages the organization, or a department, subdivision, function, or
component of the organization;
(ii) 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;
(iii) 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
(iv) 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."
Can anyone throw some light on this ?
If a person is working in a role which involves managing software product releases end to end, is driving technical decisions and is also assigning work to junior members of the team does not fall under managerial capacity ?
Thanks.
I am trying to understand if there are any reportees necessary to be able to apply for L1A visa ?
And does your designation in the organization should be '* manager' ?
The uscis website https://www.uscis.gov/working-united...ive-or-manager says :
"Managerial capacity generally refers to the ability of the employee to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization. It may also refer to the employee?s ability to manage an essential function of the organization at a high level, without direct supervision of others. See section 101(a)(44) of the Immigration and Nationality Act, as amended, and 8 CFR 214.2(l)(1)(ii) for complete definitions."
Clearly it does not say anything on the "designation" as well as "reportees" (direct or indirect) needed for being eligible for the visa.
Further, the clause 44A (https://www.uscis.gov/ilink/docView/...0-0-0-195.html) states that:
"(44) (A)
The term "managerial capacity" means an assignment within an
organization in which the employee primarily-
(i) manages the organization, or a department, subdivision, function, or
component of the organization;
(ii) 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;
(iii) 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
(iv) 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."
Can anyone throw some light on this ?
If a person is working in a role which involves managing software product releases end to end, is driving technical decisions and is also assigning work to junior members of the team does not fall under managerial capacity ?
Thanks.
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