What is the difference between H-1B and L-1?
As an H-1B visa holder, you can remain in the county for a total of six years. Unlike the L-1 visa, however, you can file for a 3-year extension on H-1B status if a Labor Certification/I-140 petition is filed 365 days prior to the expiration. H-1B visa holders do not necessarily need to work for a multinational company.
How long can you stay on an L-1 or H1B visa?
Another significant consideration of an L-1 or H-1B visa is the maximum duration. On an L-1 visa, the maximum length an individual is allowed to stay is 7 years (5 years as an L-1B professional). An H-1B visa holder may remain in the county for a total of six years but there exists the opportunity to file for a 3-year extension.
What is an L-1 visa status?
This status is for individuals who have a prior work history with the company but live in a foreign country. An L-1 visa must be filed by an intra-company transferee which means that the individual was employed for an entire year (within the past three years before filing the L-1 visa petition).
What is the difference between H-1B visa and H-4 visa?
H-4 visa holders are immediate family members of H-1B visa holders. Most H-4 visa holders are spouses who want to join their partner in a new country. They enjoy many of the benefits of living in the United States, but some limitations exist. That's why an H-1B visa is better. What Are the Rights of an H-4 Visa Holder?
Which is better h1 or L-1 visa?
H1B has stringent requirements while L1 Visa is more suitable for multinationals and is less time consuming than H1B visas. Also, L-1 and H-1B have ˜dual intent in that visa holders in both categories can aim for green card while staying as a nonimmigrant in the United States.
What is H status visa?
Understanding the H-1B Visa for working in the United States The H-1B visa is a nonimmigrant work visa that allows U.S. employers to hire foreign workers for specialty jobs that require a bachelor's degree or equivalent. This can include occupations in fields such as IT, finance, engineering, architecture or more.
Who is eligible for L visa?
The L-1A visa is for intracompany transferees who work in managerial or executive positions in a company that is located outside the United States. The L-1B visa is for intracompany transferees who work in positions requiring specialized knowledge.
What is the minimum salary to file H-1B visa?
$60,000The H-1B nonimmigrant, whether full-time or part-time, must actually receive hourly wages or an annual salary totaling at least $60,000 in the calendar year. The salary must be paid “cash in hand” and “free and clear.” It must also be paid when due.
How many years does H-1B last?
The H-1B is a Specialty Occupation work authorization visa with a cumulative maximum duration of 6 years. The initial period of stay for those in H-1B status is three (3) years, with extensions available for up to three (3) years thereafter.
How long is a H-1B valid?
The H-1B visa and status is initially valid for three years and can then be extended for another three years. At the expiration of the maximum period of stay, the foreign worker must either leave the U.S. or obtain a different immigration status (such as an F-1 student or O-1 "extraordinary ability" worker).
Who can sponsor L-1 visa?
Corporations, partnerships, government-owned entities and non-profit organizations are all eligible to sponsor an L-1 visa. The organization must be 'doing business' in the United States, meaning more than simply the presence of an agent or representative in the United States.
Is it difficult to get L-1 visa?
However, despite all of these benefits, the L-1 is not the easiest work visa to obtain. This is because the USCIS is becoming stricter with who qualifies as a manager, executive, or employee with specialized knowledge. The L-1A category is for managers and executives.
What are the requirements for H1B visa?
Hold a U.S. bachelor's or higher degree required by the specialty occupation from an accredited college or university. Hold a foreign degree that is the equivalent to a U.S. bachelor's or higher degree required by the specialty occupation from an accredited college or university.
How much does an H1B visa cost?
H1B visa costs for employersH1B feeAmount (US $)Who pays?Registration Fee$10EmployerBasic visa filing fee (I-129 form)$460EmployerPublic Law 114-113 Fee$4000EmployerPremium Processing (optional)$2,500Employer or employee3 more rows
What type of company can sponsor H-1B?
Any US employer can sponsor an H-1B petition, provided it has an IRS Tax Number, also known as an IRS Number or Tax ID Number. This number is needed for obtaining approval of the Labor Condition Application (LCA), which is an essential preliminary to the H-1B petition itself.
Can you get H1B visa without degree?
Evidence of Certification from a Reputable Association You can also qualify for an H-1B without a degree by presenting proof of registration or certification from a nationally-recognized professional organization in your field.
What are the 4 types of visa?
Probably one of the four main types: tourist, immigration, student, or work.
What is h1 and H4 visa?
H1B visas are meant for people who have a degree and want to work in the United States. 1. The visa allows them to get a job in the same field as their degree. Meanwhile, the H4 visa is something that allows you to bring your family to the States.
What are the types of visa status?
Nonimmigrant Visa CategoriesPurpose of TravelVisa CategoryTemporary worker performing other services or labor of a temporary or seasonal nature.H-2BTourism, vacation, pleasure visitorB-2Training in a program not primarily for employmentH-3Treaty trader/treaty investorE31 more rows
How do I get an H 1b visa?
There are four steps that must be taken to apply for an H1B visa, including:Applicant must find an H1B sponsor.Employer must submit a Labor Conditions Approval (LCA)Employer must submit Form I-129.Applicant completes an H1B visa application at a U.S. Embassy or Consulate.
What is the difference between a L-1 and H-1B visa?
In short, the L-1 is more appropriate for those that work for multinational companies while the H-1B is more appropriate for those that wish to have more flexibility in their job.
How long do you have to work to get an L-1 visa?
The L-1 visa requires each applicant to have worked in the company for at least one consecutive year during the three years leading up to the L-1 application. Through an H-1B, however, you can work for an entirely new employer.
What is an intra company transferee visa?
The L-1 visa, also known as the intra-company transferee visa, is a nonimmigrant visa category that is designed to allow multinational companies to transfer their employees from foreign branches to locations within the U.S. These companies can only transfer employees that serve in a managerial or executive capacity as well as employees that have specialized knowledge concerning the company’s operations.
What is the advantage of L-1A?
One major advantage of the L-1A visa is the ability for executives and managers to come to the U.S. with the intention of opening a new branch, office, or subsidiary where one does not already exist.
How many L-1 approvals do you need for a blanket petition?
Some of the requirements for using the blanket petition option include: the employer must have obtained at least 10 L-1 approvals during the previous 1 year or has U.S. subsidiaries/affiliates with a combined $25 million in revenue or has at least 1000 employees in the U.S. By contrast, H-1B does not have any option for filing blanket petitions.
Can an H-4 EAD be renewed?
However, all L-2 visa holders are able to work in the U.S. while H-4 EADs are only granted to the H-4 spouses and dependents of H-1B holders who have an I-140 petition submitted and approved by the USCIS. Also, if the I-140 is revoked, withdrawn, or otherwise removed, the H-4 holder will not be able to renew his or her EAD when it expires unless another I-140 is approved for the principle H-1B holder.
Can a multinational company get an L-1 visa?
Only multinational companies qualify for L-1 visas. This status is for individuals who have a prior work history with the company but live in a foreign country. An L-1 visa must be filed by an intra-company transferee which means that the individual was employed for an entire year (within the past three years before filing the L-1 visa petition). If this consideration is not met, or the enterprise is not multinational, an L-1 visa is no longer a viable option.
How long does it take to get an L-1?
Three years for an L-1, if the intent is to join an existing company, or one year if joining a newly established company. Extensions are allowed in two-year increments, for a maximum period of seven years if L-1A, and five years if L-1B.
Can an employer sponsor an L-1 visa?
For an employer to be eligible to sponsor an L-1 visa, a qualifying relationship must exist between the U.S. Company and foreign company abroad, as a branch, parent, subsidiary, or affiliate. For the entire time the U.S. employee is employed, both the foreign company and U.S. company must remain operational and maintain their relationship with each other.
Can a multinational company file for an L-1 visa?
Only companies that are multinational, or having a foreign presence, may file L-1 visas. Also only the foreign company’s parent, subsidiary, affiliate, or branch may file for aliens that satisfy one year of work, within the last three years, in a managerial, executive, or specialty capacity.
Can a spouse of a L-1 visa work?
Spouses of L-1 visa holders, or holders of L-2 visas, may seek work through attainment of an employment authorization document, or EAD. H4 visa holders, or the spouses of H-1 visa holders, cannot attain an EAD and subsequently cannot work.
Paying the PL 114-113 Fee
The additional fee under Public Law 114-113, if otherwise applicable, is required when the Fraud Prevention and Detection Fee is also required. As such, petitioners subject to the new fee must submit the fee with an H-1B or L-1 petition filed:
Exceptions to Paying the Fraud Prevention and Detection and Pub. L. 114-113 Fee for L-1A or L-1B Petitions
If you are filing a petition for a beneficiary to change status from L-1A to L-1B or from L-1B to L-1A, then you are not required to pay this fee. The fee is only required for an employer seeking “an initial grant” of L-1 status for a particular beneficiary.
Exceptions to Paying the Fraud Prevention and Detection Fee and Pub. L. 114-113 Fee for H-1B1 Petitions
If you are filing a petition for a Chile or Singapore Free Trade Agreement H-1B1 nonimmigrant then you are not required to pay these fees.
Re-paying the Fraud Prevention and Detection and Pub. L. 114-113 Fees for Beneficiaries Previously Employed in the Same Status by the Same Petitioner
You do not need to pay these fees again if filing another petition for the same beneficiary for the same nonimmigrant classification. The Pub. L. 114-113 is also not required with an extension of stay petition if the fee was not in effect at the time of the initial filing.
What is an L-1A visa?
The L-1A visa is for intracompany transferees who work in managerial or executive positions in a company that is located outside the United States.
What is L-1B nonimmigrant classification?
The L-1B nonimmigrant classification enables a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States.
What is the classification of L-1A?
The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company which does not yet have an affiliated U.S.
How long can an H1 visa last?
It's not a green card visa that will let you stay indefinitely, but it can last for up to six years. H1 visas are popular because they are easier to get than green cards. Every H1 visa issued today is an H1B.
Why do H1B visas have wage and benefit limitations?
H1B visas also have wage and benefit limitations to make sure foreign workers don't undercut native workers. That's why H1B employers have to file reports and accept inspections to make sure the foreign workers get a wage equal to the average paid to native workers.
How Do You Get an H1B Visa?
As such, the minimum requirement is a bachelor's degree or an equal amount of education and work experience. Immigration officers usually consider three years of work experience equal to one year of formal education. You can also qualify if you have a foreign degree equal to a bachelor's or an unrestricted state license, registration, or certification that gives you the right to perform a specialty job, such as a license to practice medicine.
What Will Happen to the H1B Visa?
Work visas in general and H1B visas, in particular, are a sensitive political issue. That's why the H1B visa has an annual quota, strong labor protections, and a hard expiration date. Because of this, the laws surrounding the H1B visa tend to change every few years, especially after elections.
How long can an H1B visa be extended?
If the H1B visa is five years old and the holder is waiting for a decision on an I-140 immigrant petition, he or she can get one- or three-year extensions until the judgment.
What is a labor condition application?
To file a Labor Condition Application certified by the Department of Labor that shows they will provide wages and benefits that are equal or better than the normal rate to H1B visa holders. This includes vacation time, sick leave, and maternity/paternity leave.
Why is Trump targeting H1B visas?
This is because tech companies have been using the $60,000-salary loophole to bring in a large number of Indians to take over their IT departments. These foreign workers have graduated from American universities, but they tend to work for at least $20,000 less than native-born computer specialists. 70 percent of H1B petitions in 2014 were for Indian candidates, and Disney caused a scandal in 2016 when they replaced 200 IT employees with workers brought in from India while claiming they couldn't find any local talent.
What is an intra company transferee visa?
The L-1 intra-company transferee visa is available to foreign nationals who are being transferred by their current employer to a specific executive, managerial or specialized knowledge job with the same firm, subsidiary, or affiliate thereof, in the U.S.
What is an E-2 visa?
The E-2 Treaty Investor visa is available to nationals from countries that have commerce treaties in effect with the U.S., to enter the U.S. for the purpose of developing and directing a business in the U.S.
What is an L blanket?
Companies that are branches, parents, subsidiaries or affiliates of foreign companies that frequently transfer their non-U.S. employees to their related U.S. Companies. The L Blanket allows U.S. Companies to pre-qualify to transfer non-U.S. employees to U.S. under the L Visa through a quicker process.
Is a licensed position a specialty occupation?
Note: Not all licensed positions are considered specialty occupations by the U.S. Citizenship and Immigration Services (USCIS).
What Is an H-4 Visa?
H-4 visa holders are immediate family members of H-1B visa holders. Most H-4 visa holders are spouses who want to join their partner in a new country. They enjoy many of the benefits of living in the United States, but some limitations exist. That's why an H-1B visa is better.
What Can a Person Do With an H-4 Visa?
The holder will enjoy several privileges available to American citizens. They can:
Who Qualifies for an H-4 Visa?
The only people who qualify are dependents. In the United States, those people are spouses and unmarried children under the age of 21.
How Does a Person Apply for an H-4 Visa?
The applicants of both the H-1B and H-4 visas usually apply together. Otherwise, the paperwork won't get finished at the same time, leaving one person unable to join the other in the United States.
What Steps Are Required When the H-4 Visa Arrives?
To avoid issues with government officials, the new visa holder should verify all major information, such as:
Why Is H-4 Visa Reform so Popular?
Their belief was that the current system needed improvement. With roughly 100,000 unhappy holders, the United States had an influx of immigrants who didn't enjoy their new country. Also, these people not working were also not paying taxes, costing the government millions of dollars.
What Can an H-4 Visa Holder Do to Solve the Problem?
Someone interested in going back to school can switch to the F-1 student visa. It not only allows for educational opportunities, but also liberates the holder to work on campus . Another option is to apply for an H-1B, just as the spouse has.
Eligibility
Work Restrictions
Length of Work
- Three years for an L-1, if the intent is to join an existing company, or one year if joining a newly established company. Extensions are allowed in two-year increments, for a maximum period of seven years if L-1A, and five years if L-1B. Initial time with an H-1B visa is three years. Extensions are available for up to six years. Another three year can be added for a worker to stay, if there i…
Limits
- There are no limits on the numbers of L-1 visas available to qualified foreign nationals each year. The H-1B annual limitation is 65,000, with 20,000 of these visas are available for new U.S. conferred graduates of at least a master’s degree, or for those working at a U.S. non-profit research institution or a university. A further 6,800 are reserved for Chile and Singapore applica…
When and How to Apply
- Renewal and extension of L-1 status may be done in the U.S. Filings require new I-129 petition submittal, except for employers with blanket petitions. Qualified larger companies that transfer large employee counts to the U.S. may seek use of blanket petitions, and subsequently save lots of filing time. U.S. based renewal is for status only, not a visa renewal, which is done abroad. A …
Green Card Options
- Individuals waiting for a green card can choose to stay in the U.S. on an H-1 visa, or pursue the L-1 visa, with consideration of the following: 1. H-1B visa holders can still remain in the country legally and continue to work on H-1B status despite their green card application having been rejected. 2. L-1A visa holders can file for employment base...
References
Establishing New Offices
L-1A Classification
- The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company which does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one. Your e…
to Qualify, You Must
- Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately before your admission to the United States; and
- Be seeking to enter the United States to provide service in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations.
L-1B Classification
- The L-1B nonimmigrant classification enables a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company which does not yet have an affiliated U.S. office to send a specialized knowledge employee to th…