L1 Visa Frequently Asked Questions, USA 2020

In this video, we will be answering frequently asked questions about the L1 Visa. To contact an Immigration Lawyer with more questions, visit our website.

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L1 Visa - Frequently Asked Questions


Attorney Menchaca, let's talk about the L visa, can you answer some frequently asked questions about it?

Sure, please ask.

So what is an L1A visa?

An L1A visa, is a visa used to transfer workers or even the owner of a company from outside of the United States to work at a company inside of the United States.

Ok, and it's used only for executives and managers in other words high level corporate individuals.

I've heard that there's such a thing as an L1B visa what's the difference?

The L1B visa, is for highly skilled individuals, people who know information about the company that makes them indispensable, hard to replace in a company.

So for example, if you work for Coca-Cola and you're one of the persons that knows the secret formula or the secret recipe then that would make you eligible for the L1B visa.

If you have intricate knowledge of the products of a company or the formulas, or the trade secrets or if you just very difficult to replace because of the knowledge that you have even if you're not an executive or manager but you are indispensable in your skills then you would qualify for the L1 B visa.

Okay. Just going back to the L1A visa, how would you be able to prove that I am an executive or that I am a manager?

So very simple, first thing I do is I interview you and I say okay you want the L1A, tell me about the decisions that you make for the company I need to prove that you yourself are a decision maker, you're a boss, that you're an executive, you're a manager and in summary what that means is that you are a person who has the power, the authority to make decisions on behalf of the company.

Ok, so I would say tell me about the systems you made that are important to the company, and you would say well you know I I do this I do that, we would figure out how to document what evidence exists to show that you are a decision maker.

then I would ask you let me see your subordinates, let me see what decisions your subordinates make, so your subordinates need to be decision makers as well.

So I would go through an analysis and figure out what decisions they have made and then look for paper work that proves that they have the power and ability to make those decisions and then we would present all that to the immigration department and we say look, she is a decision maker and she supervises this person or these people who are also decision makers and this is the evidence of such.

Okay so for example would there be a problem if I am not on the payroll of the company outside of the United States?

No, that is actually common issue.

The L1A visa is used often as an investor visa because it's used by the owners of the companies, right so the owners of the company often have the habit of not putting themselves on the payroll because they pay themselves through dividends.

So if you are in that position you are not on the pay roll but you work there and we can prove that, then you're okay, you're not required to have been on the payroll of the acts of the company outside of the United States.

Ok, so there's a company inside of the United States and a company outside of the United States, do these companies have to have the same type of business?

No, not at all so for example the company outside of the United States can be in the business of selling and making shoes, and the company inside the United States can be in that radio station business, two things that have nothing to do with each other.

The requirement is that they be part of the same corporate group and they don't have to be in the same type of business.

Thank you attorney Menchaca.

Sure, my pleasure.