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The Additional Evidence to Prove the Managerial Capacity for L1A Visa Application

Hi William,

My employer applied the L1A visa for me as a manager. Now we received a
Request For Evidence (RFE) notice from USCIS, asking for additional evidence to prove that my position will be "primarily managerial in nature". What kind of additional evdence we should provide at this time?


The definition of “managerial capacity” and the implementing regulation allow for both “personnel managers” and “function managers.” Personnel managers must primarily supervise and control the work of other supervisory, professional, or managerial employees, whereas function managers must primarily manage an essential function within the organization.

To reply the USCIS' Request For Evidence (RFE) request
for managerial capacity, you should submit the additional evidence to prove that the beneficiary’s job duties will be primarily managerial in nature. USCIS adjudicating officer will consider the totality of the record and weigh all relevant factors, including:

1) the nature and scope of the petitioner’s business;

2) the petitioner’s organizational structure, staffing levels, and the beneficiary’s position within the petitioner’s organization;

3) the scope of the beneficiary’s authority;

4) the work performed by other staff within the petitioner’s organization, including whether those employees relieve the beneficiary from performing operational and administrative duties; and

5) any other factors that will contribute to understanding a beneficiary’s actual duties and role in the business.

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