H-1B and L-1 Visas: What Are They?

H-1B and L-1 Visas: What Are They?

H-1B and L-1 Visas: What Are They?

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.

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 or

managerial capacity.

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 or

managerial 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”.

H-1B vs L-1 Visas: Which Is Better?

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.

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.

Determining which visa works best for you can make a difference in securing approval.

Case Scenario

Consider the case of Martin, an HR manager at a multinational company in the U.S.

Case Scenario

Consider the case of Martin, an HR manager at a multinational company in the U.S.

1. Martin’s U.S. Company X recently identified a Business Analyst Leo.

Case Scenario

Consider the case of Martin, an HR manager at a multinational company in the U.S.

1. Martin’s U.S. Company X recently identified a Business Analyst Leo.

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

Case Scenario

Consider the case of Martin, an HR manager at a multinational company in the U.S.

1. Martin’s U.S. Company X recently identified a Business Analyst Leo.

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 X’s affiliate in Hong Kong for about 18 months before moving to U.S. to work for Company Y under H-1B.

Case Scenario

Consider the case of Martin, an HR manager at a multinational company in the U.S.

1. Martin’s U.S. Company X recently identified a Business Analyst Leo.

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 X’s affiliate in Hong Kong for about 18 months before moving to U.S. to work for Company Y under H-1B.

4. He is now looking for a change and Martin’s company wants to hire him back.

Case Scenario

Consider the case of Martin, an HR manager at a multinational company in the U.S.

1. Martin’s U.S. Company X recently identified a Business Analyst Leo.

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 X’s affiliate in Hong Kong for about 18 months before moving to U.S. to work for Company Y under H-1B.

4. He is now looking for a change and Martin’s company wants to hire him back.

5. Martin was asked to complete Leo’s visa procedures.

Case Scenario

What Did Martin Do Next?

What Did Martin Do Next?

1. Martin made enquiries with his peers to identify a suitable visa category, and he came across the H-1B and L-1 visa categories.

What Did Martin Do Next?

1. Martin made enquiries with his peers to identify a suitable visa category, and he came across the H-1B and L-1 visa categories.

2. While some suggested an H-1B transfer for a quicker process, many others suggested the L-1 to avoid prevailing wage and U.S. payroll requirements.

What Did Martin Do Next?

1. Martin made enquiries with his peers to identify a suitable visa category, and he came across the H-1B and L-1 visa categories.

2. While some suggested an H-1B transfer for a quicker process, many others suggested the L-1 to avoid prevailing wage and U.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?

To determine which is the best visa option for a given situation, let us look into:

To determine which is the best visa option for a given situation, let us look into:

The 15 essential differences

between the H-1B and L1 visa categories

H-1B vs L-1:15 Essential Differences

1. Education Qualification

H-1B Visa: The foreign national must have at least a U.S.

bachelor's degree or its equivalent.

H-1B vs L-1:15 Essential Differences

1. Education Qualification

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 educational

requirements.

H-1B vs L-1:15 Essential Differences

1. Education Qualification

H-1B vs L-1:15 Essential Differences

2. Prior Work Experience

H-1B vs L-1:15 Essential Differences

2. Prior Work Experience

H-1B Visa: There is no minimum work experience requirement.

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 the

three years preceding his/her entry into the U.S.

H-1B vs L-1:15 Essential Differences

3. Requirements For The U.S. Position

H-1B vs L-1:15 Essential Differences

3. Requirements For The U.S. Position

H-1B Visa: A bachelor’s 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

3. Requirements For The U.S. Position

H-1B Visa: A bachelor’s 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 manager

or executive.

H-1B vs L-1:15 Essential Differences

3. Requirements For The U.S. Position

H-1B Visa: A bachelor’s 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 manager

or 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

4. Foreign Company Requirement

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

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 that

employed 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 national’s stay in the U.S. in L-1A or

L-1B status.

HOW DO YOU KNOW IF YOU QUALIFY

FOR H-1B OR L-1 OR BOTH?

HOW DO YOU KNOW IF YOU QUALIFY

FOR H-1B OR L-1 OR BOTH?

IT 'S EASY.

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.

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

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

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.

H-1B vs L-1:15 Essential Differences

7. Prevailing Wage

H-1B Visa: The H-1B employee must be paid the greater of the

actual wage paid to others in the company with similar experience

and qualifications for the specific job, or the prevailing wage for

the occupation in the area of employment.

L-1A Visa and L-1B Visa: There is no Prevailing Wage requirement

under the L-1A or L-1B visa category.

H-1B vs L-1:15 Essential Differences

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 to

another 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

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 established

affiliate 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

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 depending

on various factors

H-1B vs L-1:15 Essential Differences

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 depending

on various factors

H-1B vs L-1:15 Essential Differences

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

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

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

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 a

company that is not a qualifying member of the multinational

group.

H-1B vs L-1:15 Essential Differences

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 Eventually Decide?

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.

What Did Martin Eventually Decide?

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.

o Since the candidate was already in H-1B status and could

benefit from portability and his offered salary was above

the prevailing wage, the H-1B process is faster and more

straightforward of the two visa options.

What Did Martin Eventually Decide?

HOW CAN YOU FIND OUT

WHICH WORK VISA IS MORE

SUITABLE FOR YOUR SITUATION?

HOW CAN YOU FIND OUT

WHICH WORK VISA IS MORE

SUITABLE FOR YOUR SITUATION?

About VisaPro

About VisaPro

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

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

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

About VisaPro

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

Work Visas: E-3, H-1B, H-2B, H-3, L-1, O, P-1, P-3, TN

About VisaPro

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

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

About VisaPro

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

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

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

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

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Contact Us

Washington, DC

1050 17th Street NWSuite 1000

Washington, DC 20036

New York

520 White Plains Road Suite 500

Tarrytown, NY 10591

1100 S Hope St.Suite 103

Los Angeles, CA 90015

Los Angeles

Contact Us

“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 me

every 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