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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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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.
Determine your Visa Eligibility today at:http://visaoptions.visapro.com/visa-eligibility.asp
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?
Schedule a FREE Consultation at
HOW CAN YOU FIND OUT
WHICH WORK VISA IS MORE
SUITABLE FOR YOUR SITUATION?
Schedule a FREE Consultation athttp://visaoptions.visapro.com/VisaAssessment.asp
HOW CAN YOU FIND OUT
WHICH WORK VISA IS MORE
SUITABLE FOR YOUR SITUATION?
Schedule a FREE Consultation athttp://visaoptions.visapro.com/VisaAssessment.asp
VisaPro immigration attorneys' with a near
100% success rate in handling similar matters will
analyze your scenario and recommend the best option.
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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Washington, DC
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Washington, DC 20036
New York
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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
