H1B Vs L1: Determine Which Visa Is Best For You

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
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
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
Case Scenario
Consider the case of Martin, an HR manager at a multinational
company in the U.S.
Case Scenario
company in the U.S.
1. Martins U.S. Company X recently identified a Business Analyst
Leo.
Case Scenario
company in the U.S.
Leo.
2. The candidate was from South Korea and is currently in the U.S.
on H-1B status.
Case Scenario
company in the U.S.
Leo.
on H-1B status.
3. The foreign national had worked with Xs affiliate in Hong Kong

for about 18 months before moving to U.S. to work for Company
Y under H-1B.
Case Scenario
company in the U.S.
Leo.
on H-1B status.

Y under H-1B.
4. He is now looking for a change and Martins company wants to
hire him back.
Case Scenario
company in the U.S.
Leo.
on H-1B status.

Y under H-1B.
4. He is now looking for a change and Martins company wants to
hire him back.
5. Martin was asked to complete Leos visa procedures.
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.

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.

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 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.
2. Prior Work Experience

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

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.
3. Requirements For The U.S. Position

H-1B Visa: A bachelors 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-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.
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 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 nationals 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?

IT'S EASY.

IT'S EASY.
VisaPro has developed a FREE Visa Eligibility tool.

IT'S EASY.
VisaPro has developed a FREE Visa Eligibility tool.
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.
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.
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.
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.
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
10. USCIS Petition Fees

H-1B Visa:
Form I-129 - $325
Fraud Prevention and Detection Fee - $500 (Only for
Initial H-1B approval for each individual beneficiary)
ACWIA Fee - $750 or $1500
Public Law 111-230 Fee - $2000, if applicable
NOTE: The USCIS filing fee varies from $325 to $4325 depending
on various factors
10. USCIS Petition Fees

L1 Visa:
Form I-129 -$325
Fraud Prevention and Detection Fee - $500 (Only for initial L1A approval for each individual beneficiary)
No ACWIA Fee
Public Law 111-230 Fee - $2250, if applicable
NOTE: The USCIS filing fee varies from $325 to $3075 depending
on various factors
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.
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.
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.
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.
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?
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.
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.
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
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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 offers services in the following areas:
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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

H1B Vs L1: Determine Which Visa Is Best For You

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H-1B and L-1 Visas:

What Are They?

H-1B and L-1 Visas:

H-1B and L-1 Visas:

H-1B vs L-1 Visas:

H-1B vs L-1 Visas:

H-1B vs L-1 Visas:

3. The foreign national had worked with Xs affiliate in Hong Kong

3. The foreign national had worked with Xs affiliate in Hong Kong

3. The foreign national had worked with Xs affiliate in Hong Kong

What Did Martin Do Next?

What Did Martin Do Next?

What Did Martin Do Next?

What Did Martin Do Next?

To determine which is the best visa option

To determine which is the best visa option

The 15 essential differences

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

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

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

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 vs L-1:15 Essential Differences

2. Prior Work Experience

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 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 vs L-1:15 Essential Differences

4. Foreign Company Requirement

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

4. Foreign Company Requirement

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

4. Foreign Company Requirement

HOW DO YOU KNOW IF YOU QUALIFY

HOW DO YOU KNOW IF YOU QUALIFY

HOW DO YOU KNOW IF YOU QUALIFY

HOW DO YOU KNOW IF YOU QUALIFY

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

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

6. Labor Condition Application (LCA)

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

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

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

9. Opening A New Office

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

10. USCIS Petition Fees

Form I-129 - $325

Fraud Prevention and Detection Fee - $500 (Only for

Initial H-1B approval for each individual beneficiary)

ACWIA Fee - $750 or $1500

Public Law 111-230 Fee - $2000, if applicable

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

10. USCIS Petition Fees

Form I-129 -$325

Public Law 111-230 Fee - $2250, if applicable

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