h1b vs l1: determine which visa is best for you

8/10/2019 H1B vs L1: Determine Which Visa Is Best For You

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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



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



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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company in the U.S.

1. Martins U.S. Company X recently identified a Business AnalystLeo

.

Case Scenario


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company in the U.S.


.

2. The candidate was from South Korea and is currently in the U.S.on H-1B status.

Case Scenario


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company in the U.S.


.


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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company in the U.S.


.



4. He is now looking for a change and Martins company wants tohire him back.

Case Scenario


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company in the U.S.


.



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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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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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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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.


1. Education Qualification

l ff


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2. Prior Work Experience

H 1B L 1 15 E i l Diff


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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 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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3. Requirements For The U.S. Position

H 1B s L 1 15 Essential Differences


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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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L-1A Visa: The position offered in the U.S. must be as a manageror executive.



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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.



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4. Foreign Company Requirement



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H-1B Visa: The U.S. employer is not required to be related to any

company outside the U.S.



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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.

http://visaoptions.visapro.com/visa-eligibility.asphttp://visaoptions.visapro.com/visa-eligibility.asp


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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.



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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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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.



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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



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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



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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



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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.



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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.



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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.



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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.



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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
http://www.visapro.com/h1b-cap/free-consultation-immigration-lawyer.asphttp://www.visapro.com/h1b-cap/free-consultation-immigration-lawyer.asp


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About VisaPro
https://www.facebook.com/VisaProLLC?sk=wallhttps://www.facebook.com/VisaProLLC?sk=wallhttps://twitter.com/visaprolawhttps://twitter.com/visaprolawhttp://www.linkedin.com/company/visapro-immigration-services-llchttp://www.linkedin.com/company/visapro-immigration-services-llchttps://plus.google.com/+Visaproimmigrationservices/postshttps://plus.google.com/+Visaproimmigrationservices/postshttp://www.pinterest.com/visapro/http://www.pinterest.com/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 offers services in the following areas:

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Investor and Entrepreneur Advisory Services


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About VisaPro


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provide exceptional U.S. immigration legal services atreasonable costs to companies and individuals around the




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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provide exceptional U.S. immigration legal services atreasonable costs to companies and individuals around the




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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1050 17th Street NWSuite 1000

Washington, DC 20036

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Los Angeles, CA 90015

Los Angeles

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Tarrytown, NY 10591



Los Angeles

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Washington, DC



New York

520 White Plains RoadSuite 500

Tarrytown, NY 10591



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

h1b vs l1: determine which visa is best for you

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