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H-1B and L-1 Visas:What Are They?
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H-1B and L-1 Visas:What Are They?
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H-1B Visa
o Allows U.S. employers to employ a foreign professional to work
in a specialty occupation for a period of up to six years.
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H-1B Visa
o Allows U.S. employers to employ a foreign professional to work
in a specialty occupation for a period of up to six years.
L-1A Visa
o Allows qualified employees of an international company to be
transferred to a related U.S. company in an executive ormanagerial capacity.
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H-1B Visa
o Allows U.S. employers to employ a foreign professional to work
in a specialty occupation for a period of up to six years.
L-1A Visa
o Allows qualified employees of an international company to be
transferred to a related U.S. company in an executive ormanagerial capacity.
L-1B Visa
o Allows employees of an international company to be
transferred to a related U.S. company because he or she has
Specialized Knowledge.
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H-1B vs L-1 Visas:
Which Is Better?
Though both H-1B and L-1 are widely used
work visa categories, there are major
differences between the two of them.
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H-1B vs L-1 Visas:
Which Is Better?
Though both H-1B and L-1 are widely used
work visa categories, there are majordifferences between the two of them.
Determining which visa works best for you
can make a difference in securing approval.
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Case Scenario
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Consider the case of Martin an HR manager at a multinational
company in the U.S.
Case Scenario
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Consider the case of Martin an HR manager at a multinational
company in the U.S.
1. Martins U.S. Company X recently identified a Business AnalystLeo
.
Case Scenario
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Consider the case of Martin an HR manager at a multinational
company in the U.S.
1. Martins U.S. Company X recently identified a Business AnalystLeo
.
2. The candidate was from South Korea and is currently in the U.S.on H-1B status.
Case Scenario
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Consider the case of Martin an HR manager at a multinational
company in the U.S.
1. Martins U.S. Company X recently identified a Business AnalystLeo
.
2. The candidate was from South Korea and is currently in the U.S.on H-1B status.
3. The foreign national had worked with Xs affiliate in Hong Kongfor about 18 months before moving to U.S. to work for CompanyY under H-1B.
Case Scenario
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Consider the case of Martin an HR manager at a multinational
company in the U.S.
1. Martins U.S. Company X recently identified a Business AnalystLeo
.
2. The candidate was from South Korea and is currently in the U.S.on H-1B status.
3. The foreign national had worked with Xs affiliate in Hong Kongfor about 18 months before moving to U.S. to work for CompanyY under H-1B.
4. He is now looking for a change and Martins company wants tohire him back.
Case Scenario
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Consider the case of Martin an HR manager at a multinational
company in the U.S.
1. Martins U.S. Company X recently identified a Business AnalystLeo
.
2. The candidate was from South Korea and is currently in the U.S.on H-1B status.
3. The foreign national had worked with Xs affiliate in Hong Kongfor about 18 months before moving to U.S. to work for CompanyY under H-1B.
4. He is now looking for a change and Martins company wants tohire him back.
5. Martin was asked to complete Leos visa procedures.
Case Scenario
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What Did Martin Do Next?
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What Did Martin Do Next?
1. Martin made enquiries with his peers to identify a suitable visacategory, and he came across the H-1B and L-1 visacategories.
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What Did Martin Do Next?
1. Martin made enquiries with his peers to identify a suitable visacategory, and he came across the H-1B and L-1 visacategories.
2. While some suggested an H-1B transfer for a quicker process,
many others suggested the L-1 to avoid prevailing wage andU.S. payroll requirements.
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What Did Martin Do Next?
1. Martin made enquiries with his peers to identify a suitable visacategory, and he came across the H-1B and L-1 visacategories.
2. While some suggested an H-1B transfer for a quicker process,
many others suggested the L-1 to avoid prevailing wage andU.S. payroll requirements.
3. This left Martin confused and started wondering:
How the H-1B and L-1 visa categories really differed? Which of the two options should they choose?
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To determine which is the best visa optionfor a given situation, let us look into:
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To determine which is the best visa optionfor a given situation, let us look into:
The 15 essential differencesbetween the H-1B and
L1 visa categories
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H-1B vs L-1:15 Essential Differences
1. Education Qualification
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H-1B Visa:
The foreign national must have at least a U.S.
bachelor's degree or its equivalent.
L-1A Visa and L-1B Visa: There are no minimum educationalrequirements.
H-1B vs L-1:15 Essential Differences
1. Education Qualification
l ff
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H-1B vs L-1:15 Essential Differences
2. Prior Work Experience
H 1B L 1 15 E i l Diff
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H-1B vs L-1:15 Essential Differences
2. Prior Work Experience
H-1B Visa: There is no minimum work experience requirement.
H 1B L 1 15 E ti l Diff
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H-1B vs L-1:15 Essential Differences
2. Prior Work Experience
H-1B Visa: There is no minimum work experience requirement.
L-1A Visa and L-1B Visa: The foreign national must have worked
in a related company outside the U.S. for at least one year in thethree years preceding his/her entry into the U.S.
H 1B L 1 15 E ti l Diff
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H-1B vs L-1:15 Essential Differences
3. Requirements For The U.S. Position
H 1B s L 1 15 Essential Differences
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H-1B vs L-1:15 Essential Differences
3. Requirements For The U.S. Position
H-1B Visa:A bachelors degree or its equivalent in a specific field
must be the minimum requirement for entry into the position.
H 1B vs L 1:15 Essential Differences
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H-1B vs L-1:15 Essential Differences
3. Requirements For The U.S. Position
H-1B Visa:A bachelors degree or its equivalent in a specific field
must be the minimum requirement for entry into the position.
L-1A Visa: The position offered in the U.S. must be as a manageror executive.
H 1B vs L 1:15 Essential Differences
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H-1B vs L-1:15 Essential Differences
3. Requirements For The U.S. Position
H-1B Visa:A bachelors degree or its equivalent in a specific field
must be the minimum requirement for entry into the position.
L-1A Visa: The position offered in the U.S. must be as a manageror executive.
L-1B Visa: The position offered in the U.S. must require a person
with specialized knowledge.
H-1B vs L-1:15 Essential Differences
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H-1B vs L-1:15 Essential Differences
4. Foreign Company Requirement
H-1B vs L-1:15 Essential Differences
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H 1B vs L 1:15 Essential Differences
4. Foreign Company Requirement
H-1B Visa: The U.S. employer is not required to be related to any
company outside the U.S.
H-1B vs L-1:15 Essential Differences
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H 1B vs L 1:15 Essential Differences
4. Foreign Company Requirement
H-1B Visa: The U.S. employer is not required to be related to any
company outside the U.S.
L-1A Visa and L-1B Visa: The related foreign company thatemployed the foreign national outside the U.S. prior to admission
must continue to remain active and doing business during the
entire duration of the foreign nationals stay in the U.S. in L-1A or
L-1B status.
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HOW DO YOU KNOW IF YOU QUALIFY
FOR H-1B OR L-1 OR BOTH?
IT'S EASY.
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HOW DO YOU KNOW IF YOU QUALIFY
FOR H-1B OR L-1 OR BOTH?
IT'S EASY.
VisaPro has developed a FREE Visa Eligibility tool.
H-1B vs L-1:15 Essential Differences
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5. Quota Limitations
H-1B Visa:An annual numerical limit of 85,000 (H-1B Cap) is
in place on the number of H-1Bs that can be issued during a
fiscal year.
L-1A Visa and L-1B Visa: There are no annual numerical limits on
the number of L-1A or L-1Bs that can be issued during a fiscal
year.
H-1B vs L-1:15 Essential Differences
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6. Labor Condition Application (LCA)
H-1B Visa:An employer must submit a Labor Condition
Application (LCA) that has been certified by the U.S. Department
of Labor along with the H-1B petition.
L-1A Visa and L-1B Visa: There is no LCA requirement under the
L-1A or L-1B visa category.
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H-1B vs L-1:15 Essential Differences
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8. Blanket Provision
H-1B Visa: There is no Blanket Provision for H-1B.
L-1A Visa and L-1B Visa: The Blanket L provision allows
employees being transferred from one qualifying organization toanother to bypass the USCIS petition process and proceed directly
to the appropriate U.S. Consulate abroad to apply for an L-1A or
L-1B visa.
H-1B vs L-1:15 Essential Differences
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9. Opening A New Office
H-1B Visa:A new U.S. company can use the H-1B to hire an
individual who will help to establish the newly formed company.
L-1A Visa : A foreign company which does not have an establishedaffiliate U.S. office may use the L-1A to send an executive or
manager to the United States with the purpose of establishing one.
L-1B Visa :A foreign company which does not have an established
affiliate U.S. office may use the L-1B to send a specialized
knowledge employee to the United States to help establish one
H-1B vs L-1:15 Essential Differences
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10. USCIS Petition Fees
H-1B Visa:
o Form I-129 - $325
o Fraud Prevention and Detection Fee - $500 (Only for
o Initial H-1B approval for each individual beneficiary)o ACWIA Fee - $750 or $1500
o Public Law 111-230 Fee - $2000, if applicable
NOTE: The USCIS filing fee varies from $325 to $4325 dependingon various factors
H-1B vs L-1:15 Essential Differences
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10. USCIS Petition Fees
L1 Visa:
o Form I-129 -$325
o Fraud Prevention and Detection Fee - $500 (Only for initial L-
1A approval for each individual beneficiary)o No ACWIA Fee
o Public Law 111-230 Fee - $2250, if applicable
NOTE: The USCIS filing fee varies from $325 to $3075 dependingon various factors
H-1B vs L-1:15 Essential Differences
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11. Period Of Stay
H-1B Visa: Total maximum period of stay is 6 years which can be
granted in no more than 3-year increments.
L-1A Visa: Total maximum period of stay is 7 years which is
generally granted for up to 3 years initially and extensions granted
in 2-year increments.
L-1B Visa: Total maximum period of stays if 5 years which is
generally granted for up to 3 years initially and extensions granted
in 2-year increments.
H-1B vs L-1:15 Essential Differences
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12.Work Permit For Spouse
H-1B Visa: Spouse of an H-1B visa holder in H-4 status may not
accept employment in the U.S.
L-1A Visa and L-1B Visa: Spouse of an L-1A or L-1B visa holder in
L-2 status may be eligible to seek employment authorization to
work in the U.S.
H-1B vs L-1:15 Essential Differences
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13. Payroll
H-1B Visa: The foreign national must be on the payroll of the U.S.
employer. A valid employer-employee relationship must exist
between the U.S. employer and the foreign national employee.
L-1A Visa and L-1B Visa: The foreign national may be on the
payroll of the U.S. employer and/or the foreign company.
H-1B vs L-1:15 Essential Differences
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14. Changing Employers
H-1B Visa: H-1B portability provisions allow a foreign national in
H-1B status to begin working for a new H-1B employer as soon as
the new employer files an H-1B petition for him or her without
having to wait for USCIS approval of the petition.
L-1A Visa and L-1B Visa:A foreign national in L-1A or L-1B status
can work only for a qualifying member of the multinational group
(parent, subsidiary, sister, branch, or affiliated company) that filed
the petition. He or she will not be able to work on a new L-1 for acompany that is not a qualifying member of the multinational
group.
H-1B vs L-1:15 Essential Differences
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15. Path To Green Card
H-1B to Green Card: Most H-1B visa holders would require a labor
certification filed on their behalf through the Department of Labor
to be eligible for the Green Card.
L-1A to Green Card: L-1A visa holders may be able to apply for an
expedited Green Card in the EB 1.3 category and waive the labor
certification process.
L-1B to Green Card: Most L-1B visa holders would require a labor
certification filed on their behalf through the Department of Labor
to be eligible for the Green Card.
What Did Martin
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Eventually Decide?
What Did Martin
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o After careful consideration and detailed discussions with
VisaPro immigration attorney, Martin decided that the
company should hire the foreign national under the H-1B
transfer process.
Eventually Decide?
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HOW CAN YOU FIND OUT
WHICH WORK VISA IS MORE
SUITABLE FOR YOUR SITUATION?
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HOW CAN YOU FIND OUT
WHICH WORK VISA IS MORE
SUITABLE FOR YOUR SITUATION?
About VisaPro
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About VisaPro
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VisaPro was established in October 2002 with a dream to
provide exceptional U.S. immigration legal services at
reasonable costs to companies and individuals around the
globe and today we are proud to say that we have succeeded.
About VisaPro
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VisaPro was established in October 2002 with a dream to
provide exceptional U.S. immigration legal services at
reasonable costs to companies and individuals around the
globe and today we are proud to say that we have succeeded.
VisaPro offers services in the following areas:
About VisaPro
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61/69
VisaPro was established in October 2002 with a dream to
provide exceptional U.S. immigration legal services at
reasonable costs to companies and individuals around the
globe and today we are proud to say that we have succeeded.
VisaPro offers services in the following areas:
Investor and Entrepreneur Advisory Services
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About VisaPro
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VisaPro was established in October 2002 with a dream to
provide exceptional U.S. immigration legal services atreasonable costs to companies and individuals around the
globe and today we are proud to say that we have succeeded.
VisaPro offers services in the following areas:
Investor and Entrepreneur Advisory Services
Work Visas: E-3, H-1B, H-2B, H-3, L-1, O, P-1, P-3, TN
Investor Visas: E-1, E-2, EB-5
Green Cards
About VisaPro
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VisaPro was established in October 2002 with a dream to
provide exceptional U.S. immigration legal services atreasonable costs to companies and individuals around the
globe and today we are proud to say that we have succeeded.
VisaPro offers services in the following areas:
Investor and Entrepreneur Advisory Services
Work Visas: E-3, H-1B, H-2B, H-3, L-1, O, P-1, P-3, TN
Investor Visas: E-1, E-2, EB-5
Green Cards
Employer Immigration Compliance
Contact Us
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Washington, DC
1050 17th Street NWSuite 1000
Washington, DC 20036
Contact Us
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Washington, DC
1050 17th Street NWSuite 1000
Washington, DC 20036
1100 S Hope St.Suite 103
Los Angeles, CA 90015
Los Angeles
Contact Us
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Washington, DC
1050 17th Street NWSuite 1000
Washington, DC 20036
New York
520 White Plains RoadSuite 500
Tarrytown, NY 10591
1100 S Hope St.Suite 103
Los Angeles, CA 90015
Los Angeles
Contact Us
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Washington, DC
1050 17th Street NWSuite 1000
Washington, DC 20036
New York
520 White Plains RoadSuite 500
Tarrytown, NY 10591
1100 S Hope St.Suite 103
Los Angeles, CA 90015
Los Angeles
I have had the pleasure of working with the staff at VisaPro. Their knowledge,
professionalism and overall pleasantness made my job much easier. They assisted meevery step of the way in applying for an H1B Visa, I could not imagine getting through
this process without them. I would highly recommend VisaPro to anyone applying for
a Visa. I would most definitely use VisaPro again
Beverly Brawer,
United States Luggage Company LLC
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