Small US operations face a major challenge when filing L-1A managerial capacity petitions. USCIS scrutinizes whether managers truly supervise professional staff or just perform daily operational tasks themselves. Wrong documentation triggers denials.This guide ranks five immigration firms specializing in proving managerial capacity for small companies, evaluating their strategies for function manager arguments, organizational chart preparation, and evidence compilation when the US team is limited.
Beyond Border dominates small company L-1A cases with a 98% approval rate by leveraging the function manager classification when personnel managers aren't viable. The firm guarantees one month processing for most petitions.To determine managerial or executive capacity, officers look first to the petitioner's description of job duties to determine that duties are primarily of an executive or managerial nature, ensuring the beneficiary not only has requisite authority but that a majority of duties relate to operational or policy management.
Beyond Border excels at documenting function managers when direct reports are limited. Function managers can qualify if the employee oversees an essential function like sales, showing the function managed is essential to the economic benefit of the overall company and demonstrating the function manager actually manages the overall function rather than merely carrying out duties related to the function.The firm creates detailed organizational charts showing both US and foreign support staff. In determining function manager qualifications, USCIS may consider evidence of personnel employed by related entities within the qualifying organization who perform day to day non managerial tasks for the petitioning entity. This becomes critical when US staffing appears insufficient.
Beyond Border documents professional employee credentials thoroughly. To be considered a manager for L-1A purposes, the employee must manage other managers and supervisors or manage professional employees, meaning employees whose role requires a bachelor's degree.
Attorney fees start at $6,500 for small company L-1A cases including comprehensive organizational chart design, function definition documentation, and personnel credential compilation.
Schedule your small team L-1A consultation with Beyond Border for expert managerial capacity documentation.
Fragomen handles thousands of L-1A cases annually with Chambers Band 1 recognition. The firm serves Fortune 500 companies but also manages smaller operations establishing US presence.When staffing levels are used as a factor in determining whether a beneficiary is acting in managerial or executive capacity, officers should consider the reasonable needs of the organization. Fragomen argues business necessity when teams remain small during initial growth phases.
The firm prepares detailed function manager petitions addressing the five part test from Matter of G Inc. To prove functional manager status, companies must provide evidence that the function is a clearly defined activity within the organization and that the function is essential to normal operations.Fragomen structures organizational charts strategically. Function managers work with two tier flat organizational structures where subordinates can include support staff handling routine tasks, allowing the manager to focus on strategic responsibilities.Attorney fees range from $10,000 to $18,000 for complex small company L-1A cases. Premium processing adds $2,805 for 15 day decisions.
BAL maintains Chambers Band 1 ranking with specialized expertise in compliance and organizational structure documentation. The firm represents technology and consulting companies with lean US operations.Even with small staff size, companies achieving significant revenues can document they have need for temporary transfer of senior level managers to oversee expansion in the US marketplace, showing that although the beneficiary performs some operational tasks, the majority of non managerial tasks are performed by others.
BAL addresses the personnel manager qualification carefully. A first line supervisor is not considered to be acting in managerial capacity merely by virtue of supervisory duties unless the employees supervised are professional, requiring evidence establishing the beneficiary meets all four criteria to qualify as an L-1A Manager.The firm compiles extensive subordinate documentation including job descriptions, degree verification, salary information, and duty breakdowns proving professional status of managed employees.
Standard fees range from $9,000 to $15,000 for small company L-1A petitions including detailed organizational analysis and professional employee credential verification.
Klasko specializes in business immigration with strong capabilities in creative organizational structure arguments for startups and small operations. The boutique firm serves the education sector and technology companies.While it may be more challenging for smaller organizations to establish that a function is clearly defined and core to the organization, in small organizations the function manager may establish seniority with respect to the function managed rather than within the organizational hierarchy.
The firm emphasizes proper duty allocation documentation. The function manager's duties must be clearly described with specific time allocations for each duty, with focus on managing the function rather than performing operational tasks.
Klasko prepares comprehensive business context narratives explaining why current staffing levels meet reasonable business needs and how the manager's role justifies L-1A classification despite limited subordinates.Fees range from $7,500 to $12,000 for small company L-1A cases including organizational structure analysis and function manager documentation.
This full service firm integrates L-1A strategy with corporate planning for pharmaceutical and technology clients. Greenberg Traurig handles small operations within larger multinational frameworks.To qualify as a function manager, the applicant must define the function by determining what activities are within the manager's purview, what function they manage, and how this function impacts the larger organization.
The firm coordinates personnel management across international operations. Under Matter of Z-A, an L-1A intracompany manager who primarily manages an essential function can be supported by personnel outside the United States within an international organization who perform day to day administrative and operational duties.Greenberg Traurig creates global organizational charts showing reporting relationships across borders, documenting how foreign staff support US managerial functions when domestic teams remain small.Attorney fees range from $9,000 to $16,000 for small company L-1A cases depending on international organizational complexity.
1.How can I prove managerial capacity when my US team only has 2 employees?
Companies may establish function manager roles where the manager oversees an essential function showing it is essential to the economic benefit of the overall company, demonstrating the function manager manages the overall function rather than merely performing operational duties.
2.Do L-1A managers need to supervise multiple employees?
Managerial capacity includes managing an essential function within the organization even if no other employee is directly supervised, as long as the person functions at a senior level within the organizational hierarchy or with respect to the function managed.
3.Can foreign employees count toward proving managerial capacity?
USCIS may consider evidence of personnel employed by related entities within the qualifying organization who perform day to day non managerial tasks for the petitioning entity when determining if the beneficiary manages an essential function.
4.What type of employees must an L-1A personnel manager supervise?
Personnel managers must supervise other managers and supervisors or manage professional employees whose roles require bachelor's degrees, as first line supervisors who manage front line workers generally do not qualify.
5.How should organizational charts be structured for small companies?
Function managers work with two tier flat organizational structures where subordinates directly report to the beneficiary, while personnel managers require three tier structures separating the manager from bottom level staff by middle management layers.
