Immigration Law

L-1A to Permanent Residency

By Annie Banerjee

This list is for small business owners who are on L-1A managerial capacity and wants to convert to the Permanent Residency by filing the I-140 under § 203(b)(1)(c) without filing the labor certification. The burden of proof is heightened in order to classify the alien as a ?manager? or Executive? and not merely perform day to day activities. In a recent case the Administrative Appeals Office noted, ?The petitioning entity, which is involved in the food service industry (a restaurant) does not require or involve the employment of professional employees.? How an administrative unit can make this blanket statement about an industry that they don?t have personal knowledge about is above and beyond me.

Thus the Petitioner who seeks to convert a beneficiary from L-1A to the green card is advised to do the following:

Give a Very detailed job description of the beneficiary?s job duties---merely reciting the statute will not do. The job description should state in details. The activities should be managerial or executive in nature. She should be MANAGE rather than PERFORM the work of the manager

Org chart of US Company should state name and job titles

Description of job duties of all other employees, and educational level

Beneficiary?s previous work experience in home country in details

Support everything with documentary evidence

Note: If the manager is managing a ?function? it has to be a specific function and not blanket ?all functions?

Full post as published by US Immigration Matters on February 27, 2008 (boomark / email).