Nick Misiti Frequently Asked Questions: L1 Visa

What is an L1 visa?

L-1 visa is a nonimmigrant visa that allows foreign nationals being transferred by their current employer to enter into the U.S. to manage an organization or a major function or division of any. The L-1 visa is one of the most useful nonimmigrant visas available to employees of foreign companies. The purpose of the L-1 visa is to facilitate the transfer of key employees to the United States from companies that are affiliated with or related to United States corporations. Nationals of all countries are eligible, provided the specific qualifications for the visa are satisfied.

What are the differences between L-1A and L-1B visas?

L-1A provides for Managers/Executives with supervisory responsibility while the L-1B: is for Specialized Knowledge Staff.

What are the qualifications to be considered a “manager“ for the purpose of an L-1 visa?

A “manager“ is someone who: (1) primarily manages the organization, or a department, subdivision, function, or component of the organization. The addition of the concept function gives the definition more usefulness for smaller companies or companies in which a key function is primarily managed and run by the same person; or (2) primarily supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization; or has the authority to hire and fire and recommend those as well as other personnel actions if another employee or other employees are supervised; if no other employees are supervised, functions at a senior level within he organizational hierarchy or with respect to the function managed; or exercises discretion over the day-to-day operations of the activity or function for which the employee has authority.

Who is considered an “executive“ for the purpose of an L-1 Visa?

An executive is someone who: (1) directs the management of the organization or a major component or function; (2) establishes the goals and policies of the organization, component, or function; (3) exercises wide latitude in discretionary decision-making; and receives only general supervision or direction from higher level executives, the board of directors or stockholders of the organization.

What are some of the advantages of an L-1 visa?

Two of the biggest advantages of an L-1 visa are: (1) there are no annual limits on the number of L-1 visas issued and (2) dual intent is permitted so L-1 visa holders can pursue permanent residency. Another advantage is that dependents of L-1 visa holders are allowed to obtain work authorization.

I still have questions concerning my L-1 visa eligibility, where can I obtain more information?

If you have any questions concerning your eligibility for an L-1 visa or any other visa, please contact Nicklaus Misiti at (212) 537-4407 or visit his website at www.misitiglobal.com.  His firm is experience with all immigration matters and will be happy to discuss your potential case with you.

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Nicklaus Misiti is the C.E.O. and Chief Attorney of one of New York City’s most successful immigration law firms, the Law Offices of Nicklaus Misiti, PLLC.