I have been managing a large team of professionals in India. My employer now wishes to transfer me to the U.S. office to work as a manager. I will only have a couple of people in the U.S. reporting to me, along with a larger team in India. Is this allowed for L1A?

Answer

The L1A category does not require a set number of subordinates. However, staffing levels can certainly be taken into consideration, along with the categories of employees the person is supervising (e.g., professionals, supervisors). Also, it appears that the USCIS tends to give less weight to managerial duties involving subordinates who are in a different country. So, the argument could be made, but it is hard to predict how the USCIS would view the case.

Depending on the circumstances, another option may be to file the L1A as a functional manager. In situations where the foreign national will manage an essential function, as opposed to a tradition people manager, staffing levels may be much less of a factor. (16.Nov.2022)

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