Serge Bauer, P.C.

Summary:

The beneficiary must be coming to the United States to work in managerial or executive capacity. The definitions of manager and executive are critical in formulating a case.

• L-2 allows the beneficiary's dependents to join the beneficiary in the U.S. – spouse and children only.

Requirements for Eligibility:

"Managerial Capacity" is an assignment in which the employee primarily:

• Manages the organization or a department, subdivision, function, or component of the organization.
• Supervises and controls the work of other supervisory employees, or manages an essential function within the organization.
• If another employee or other employees are directly supervised by him, or if he functions at a senior level within the organization hierarchy.
• Exercises discretion over day-to-day operations of the activities or functions for which the employee has authority.

"Executive Capacity" indicates an assignment within an organization in which the employee primarily:

• Directs the management of the organization or a major component or function of the organization.
• Establishes the goals and policies of the organization, component, or function.
• Exercises wide latitude in discretionary decision-making.
• Receives only general supervision or direction from high level executives.

The most important requirement is that the foreign employee must have been employed overseas by the company in a managerial or executive capacity for at least 1 of the 3 required years of work.