L1A 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. Individuals coming to a New Office are only granted 1 year initially. L1B 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.
H1B visa holders may be eligible for extensions beyond the 6-year maximum if an employment-based permanent residence application is pending or has been approved on their behalf. H1B Visa: The foreign national must be on the payroll of the U. A valid employer-employee relationship must exist between the U. L1A Visa and L1B Visa: A foreign national in L1A or L1B 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. A new I petition does not have to be filed if the employee entered on a Blanket L-1 and the move is to another entity listed on the Blanket L.
An L1B visa holder may be eligible for an expedited green card in the EB-1C category if he or she was in a managerial or executive role before coming to the U.
Employers who have L1B visa holders who need to remain beyond the 5th year will need to consider changing their status to L1A or H1B. After careful consideration and detailed discussions with immigration attorney, Martin decided that the company should bring the foreign national back into the company through the H1B transfer process. Since the candidate was already in H1B status and could benefit from portability and his offered salary was well above the prevailing wage, the H1B process would most likely be the faster and more straightforward of the two visa options.
While both the H1B and the L1 work visa categories are suitable for most professional positions, their features and requirements vastly differ. Identifying the right visa category that meets the intended purpose requires a comprehensive review of the circumstances, and doing so will increase your chances of securing approval. Many overseas executives and managers including business owners come under the L1A visa scheme first and then apply at a later date for EB1C as an international manager or executive, which is one of the best ways of gaining an employment based immigrant visa Green Card.
In most cases it is a long and difficult process for H1B visa holders to obtain a Green Card. For more information and advice on US immigration law and US visa applications please contact us on or at london workpermit.
Comments 0. L1 and H1B visa similarities and differences The table below lists the most relevant similarities and differences between the L1 visa and H1B visa.
L1 visa H-1B visa Temporary or permanent? Premium processing? L1 visas qualify for premium processing H1B visas qualify for premium processing Who can apply? An H1B can be used to work for US based employer.
Wages No set wage requirement, but unreasonably low wages are not recommended. For more information about each visa, including L1 and H1B applicant and employer eligibility requirements and the application process for each, visit our L1 Visa or H1B Visa pages. The receipt number is a unique character identifier that USCIS provides for each application or petition it receives.
The agency uses it to identify and track its cases. Omit dashes "-" when entering a receipt number. L1 vs. H1B: Differences Educational Requirements L1 visa does not have education or degree requirements, and the applicant's specialized knowledge does not need to be in a specific field.
Employer Eligibility Only multinational companies may apply for L1 visa. H1B visa holders may stay in the US for up to 6 years and may file for a 3 year extension. Annual Visa Cap There is no limit or cap on the number of L1 visas granted to applicants each year. Department of Labor Certification L1 visa sponsoring companies are not required to submit a labor condition application with their petition, demonstrating an unavailability or lack of domestic workers to fulfill the position.
Company Transfer L1 employees may not transfer to another company while maintaining their L1 visa status. Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website.
These cookies do not store any personal information. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website. Change of status process There is no flexibility with the timings of the H-1B application process.
Job role The H1-B visa can offer more flexibility for visa holders than the L1 route in terms of the job and work they are permitted to do while in the US. Employer eligibility The L1 visa is open only to international organisations.
Duration of stay There is not a vast amount of difference in the visa durations. Visa cap The L1 visa route is not subject to any cap or annual limit on the number that can be issued. Department of Labor Certification The H1B petition process requires the employer to file a Labor Condition Application to confirm the visa holder will be paid at or above the prevailing wage rate and that there are no US-resident workers qualified and available to fill the role.
Dependants Under the L1 visa, the principal visa holder can be accompanied by their spouse and minor children under the L-2 visa. The H-4 visa is for dependants spouse and minor children of H-1B visa holders. Prevailing wage The H1-B visa petition has to show that the applicant will be paid, as a minimum, the highest of either the relevant prevailing wage rate or actual wage rate for the role in question. Frequent transfers For multinational organizations transferring employees to the US on a regular basis, the Blanket L offers a convenient way to fast-track petitioning.
Employment stipulations The H1-B allows foreign workers to take up employment in the US with an entirely new employer and company, whereas a key requirement of the L-1 visa is that the applicant has worked for the multinational employer for at least one consecutive year during the three years immediately before the date of the application.
H-1B or L-1B: which is better? Need help with an L1B to H1B conversion? Share This Post! Twitter LinkedIn Email. Related Posts. This website uses cookies to improve your experience. We'll assume you're ok with this, but you can opt-out if you wish.
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