L-1 Intracompany Transferee Manager Executive Specialized Knowledge
The following are the definitions of "manager" and "executive" used by U.S. Citizenship and Immigration Services in judging eligibility for L-1 Intracompany Transferee and EB-1 Priority Worker Multinational Manager/Executive classifications
Please note that there are two kinds of managerial capacity employees. You will see the word “or” used in each element of the managerial capacity definition below. On the next page, we have segregated the two kinds of managerial capacity employees – the traditional or line manager, and the functional managers.
Managerial capacity (L-1A)
An assignment within an organization in which the employee primarily
a. manages the organization, or a department, subdivision, function, or component of the organization
b. 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
c. has the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization) if another employee or other employees are directly supervised; if no employee is directly supervised, functions at a senior level within the organization hierarchy or with respect to the function managed, and
d. exercises discretion over day-to-day operations of the activity or function for which the employee has authority.
Note: 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.
Executive capacity (L-1A)
An assignment within an organization in which the employee primarily
a. directs the management of the organization or a major component or function of that organization,
b. establishes the goals and policies of the organization, component or function,
c. exercises wide latitude in discretionary decision-making, and
d. receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization.
Specialized Knowledge (L-1B)
Special knowledge possessed by an individual of 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.
Managerial capacity (L-1A)
(Traditional or Line Manager)
An assignment within an organization in which the employee primarily
a. manages the organization, or a department, subdivision, or component of the organization
b. supervises and controls the work of other supervisory, professional, or managerial employees
c. has the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization) if another employee or other employees are directly supervised; if no employee is directly supervised, functions at a senior level within the organization hierarchy or with respect to the function managed, and
d. exercises discretion over day-to-day operations of the activity or function for which the employee has authority.
Note: 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
Managerial capacity (L-1A)
(Functional Manager)
An assignment within an organization in which the employee primarily
a. manages a function or component of the organization
b. manages an essential function within the organization or (within) a department or subdivision of the organization
c. if no employee is directly supervised, functions at a senior level within the organization hierarchy or with respect to the function managed, and
d. exercises discretion over day-to-day operations of the activity or function for which the employee has authority.
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