Q.           What is an L-1A visa?
A.           The L-1A visa is for executives or  managers in a foreign company who want to engage in commercial activities in the U.S. and are transferring to a branch, subsidiary, or affiliate in the U.S.  as defined by the regulation. They are entering the U.S. as 'intracompany transferees'.


Q.           Who qualifies as an executive?
A.           An executive’s primary functions and characteristics should include:

1. Directing the management of the entire organization or one of its major components;
2. Having broad discretion in decision making; and
3. Be subject to only general supervision by superiors.

Q.           Who qualifies as a manager?
A.           A manager’s primary functions and characteristics should include:

1. Directing the organization, a department, a subdivision;
2. Having the authority to control, direct, hire, and fire other employees; and
   
3. Having discretion over day-to-day operations.

Please Note: Managers no longer need to supervise people if they are performing functional duties. A functional manager is a person who is senior within the organization and/or who manages an essential function. These functional managers need not manage a department with employees; rather a function.


Q.           What is an L-1B visa?
A.           The L-1B visa is for employees with special knowledge of the company’s products or procedures to be transferred from one of its affiliated foreign offices to one of its offices in the U.S.


Q.           If I have an L-1 visa, can I also simultaneously have a part time job?
A.           No, you can't.


Q.           What is the visa status given to the dependents of an L-1 visa?
A.           An L-2 visa will be issued to the dependents of an L-1 visa holder, including the spouse and the children under 21 years old. The limitation on L-2 visa is the same as the L-1 visa.


Q.           Can my spouse and children work in the U.S. on an L-2 visa?
A.           Yes. The L-2 Spouse of an L-1 visa holder can apply to obtain an Employment Authorization Document (EAD). This employment authorization must be applied for separately using the Form I-765. Please Note: L-2 children are not permitted to work.


Q.           If I am on an L-1 visa, can I convert to H-1 visa?
A.           Yes, you can. Be aware that you will be subject to the H-1B Cap.


Q.           If I am on an L-1 visa and my spouse is on an L-2 visa, can he/she start a business?
A.           Yes, he/she can.


Q.           Are there any limitations on the number of L-1 visas available in a year?
A.           No, there is no quota or limit for L visa category.

12/13/2010