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Difference Between H1B And L1: All About It

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Difference Between H1B And L1: Learn all about it.

While both the H-1B and the L-1 work visa categories are suitable for most professional positions, their features and requirements vastly differ.

Contact VisaPro Law Firm today for a FREE Visa Assessment at: http://visaoptions.visapro.com/visaassessment.asp to determine the most appropriate visa type for your situation.

We'll analyze your scenario and recommend an effective strategy based on our attorneys' near 100% success rate.

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Difference Between H1B And L1: All About It

  1. 1. H-1B and L-1 Visas: What Are They?
  2. 2. H-1B and L-1 Visas: What Are They?
  3. 3. H-1B and L-1 Visas: What Are They?
  4. 4. 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.
  5. 5. 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.
  6. 6. 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”.
  7. 7. H-1B vs L-1 Visas: Which Is Better?
  8. 8. 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.
  9. 9. 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.
  10. 10. Case Scenario
  11. 11. Consider the case of Martin, an HR manager at a multinational company in the U.S. Case Scenario
  12. 12. 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
  13. 13. 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
  14. 14. 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
  15. 15. 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
  16. 16. 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
  17. 17. What Did Martin Do Next?
  18. 18. 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.
  19. 19. 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.
  20. 20. 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?
  21. 21. To determine which is the best visa option for a given situation, let us look into:
  22. 22. 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
  23. 23. H-1B vs L-1:15 Essential Differences 1. Education Qualification
  24. 24. 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
  25. 25. 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
  26. 26. H-1B vs L-1:15 Essential Differences 2. Prior Work Experience
  27. 27. H-1B vs L-1:15 Essential Differences 2. Prior Work Experience H-1B Visa: There is no minimum work experience requirement.
  28. 28. 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.
  29. 29. H-1B vs L-1:15 Essential Differences 3. Requirements For The U.S. Position
  30. 30. 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.
  31. 31. 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.
  32. 32. 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.
  33. 33. H-1B vs L-1:15 Essential Differences 4. Foreign Company Requirement
  34. 34. 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.
  35. 35. 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.
  36. 36. HOW DO YOU KNOW IF YOU QUALIFY FOR H-1B OR L-1 OR BOTH?
  37. 37. HOW DO YOU KNOW IF YOU QUALIFY FOR H-1B OR L-1 OR BOTH? IT'S EASY.
  38. 38. 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.
  39. 39. 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.
  40. 40. 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.
  41. 41. 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.
  42. 42. 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.
  43. 43. 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.
  44. 44. 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
  45. 45. 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
  46. 46. 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
  47. 47. 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.
  48. 48. 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.
  49. 49. 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.
  50. 50. 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.
  51. 51. 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.
  52. 52. What Did Martin Eventually Decide?
  53. 53. 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?
  54. 54. 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?
  55. 55. HOW CAN YOU FIND OUT WHICH WORK VISA IS MORE SUITABLE FOR YOUR SITUATION?
  56. 56. HOW CAN YOU FIND OUT WHICH WORK VISA IS MORE SUITABLE FOR YOUR SITUATION?
  57. 57. About VisaPro
  58. 58. 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.
  59. 59. 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:
  60. 60. 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
  61. 61. 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
  62. 62. 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
  63. 63. 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
  64. 64. 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
  65. 65. Washington, DC 1050 17th Street NW Suite 1000 Washington, DC 20036 Contact Us
  66. 66. Washington, DC 1050 17th Street NW Suite 1000 Washington, DC 20036 1100 S Hope St. Suite 103 Los Angeles, CA 90015 Los Angeles Contact Us
  67. 67. Washington, DC 1050 17th Street NW Suite 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
  68. 68. Washington, DC 1050 17th Street NW Suite 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

Difference Between H1B And L1: Learn all about it. While both the H-1B and the L-1 work visa categories are suitable for most professional positions, their features and requirements vastly differ. Contact VisaPro Law Firm today for a FREE Visa Assessment at: http://visaoptions.visapro.com/visaassessment.asp to determine the most appropriate visa type for your situation. We'll analyze your scenario and recommend an effective strategy based on our attorneys' near 100% success rate.

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