L1 A or L1B?

[Seemajha2u]

Hello,

I am currently a BA/SM and has been offered a role in USA. They are planning to file my L1 but I have question whether I fall under L1A or L1 B?

my role is completely non- technical where I own and manage the product management plus work with the team as a SM ensuring the smooth delivery . Do not have any direct reportees but I manage close to 20+ teams indirectly

[rkk09]

Hi Member,
Since this is case specific, you will need to contact Immigration Attorney to determine which category you will need to consider.
But, we can share general eligibilities for both L1A and L1B as per USCIS.

For more details about L1, you can visit our website which will provide more accurate Information.
Below is link for your convenience.

https://www.immihelp.com/l1-visa-requirements/

L-1A:

The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company which does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one.

Qualification:

• Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately before your admission to the United States; and
• Be seeking to enter the United States to provide service in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations.

Executive capacity generally refers to your ability to make a wide range of decisions without much oversight.

Managerial capacity generally refers to your ability 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 your ability to manage an essential function of the organization at a high level, without direct supervision of others.

L-1B:

The L-1B nonimmigrant classification enables a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company which does not yet have an affiliated U.S. office to send a specialized knowledge employee to the United States to help establish one.

Qualification:

• Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately before your admission to the United States; and
• Be seeking to enter the United States to provide services in a specialized knowledge capacity to a branch of the same employer or one of its qualifying organizations.

Specialized knowledge either means knowledge you have about the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures.

Thanks