Impact of subordinate employees outside the U.S. or in third countries on L-1A and EB-1 petitions
I was on L-1A and later switched to H-4 EAD 3 years back (working with the same Indian multinational company for 15+ years). I manage a large team here in the USA, and some of my reportees are in the U.K. Since the H-4 EAD extension is taking time, my company plans to move me to Canada for one year. As per the plan, I will be back to the USA on an L-1A visa, and then the company will file for my green card in the EB-1C category. I don't have any team in Canada, and I will mainly manage the same U.S. and U.K. team from Canada.
The USCIS will consider the broad range of your duties within the business context, including employees being supervised and managed in countries other than the USA (or Canada). In our experience, the USCIS looks at whether the benefit of the work you perform with your dispersed team flows to the petitioning employer and the corporate group, department, or division within the L-1/EB-1C equity/control relationship. But, of course, your particular facts need to be examined in context. So have your lawyers look at them very carefully.
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I started my GC processing in Sept. 98. Rajiv and his team got my LC done in Apr 99. I filed my I-140 in May 99. There were some questions regarding the valuation of my degree and experience. But Rajiv and Fidelina went out of way and got second evaluation of my education done which fitted the case in the EB2/RIR category. My I-140 was approved on 7 Dec.99 and now I have sent my I-485 papers for filing. Thank you very much Rajiv, Fidelina , Suman and the entire team. They are very dependable team even in difficult times. I must appreciate the skill and patience they showed in getting my I-140 approved.