L-1 versus H-1B Visa

Advantages and Differences

Introduction

In this presentation, we’ll cover• L-1 advantages and requirements• H-1B advantages and requirements• Disadvantages to both visas, and• How to connect with a qualified

immigration attorney to help you with your case.

The L-1 Visa

The L-1 Visa Overview

• The L-1 visa is designed for the employees of a multinational company to transfer to a branch, office, or affiliate in the U.S.

• These employees are broken down into three groups:– Executives– Managers– Employees with specialized knowledge

• The L-1 can also be used to open a new office or branch in the U.S.

L-1 Visa Advantages

The L-1 visa has many benefits over other work visas including:

• Up to seven years in the U.S. as a manager or executive.

• No annual limit to how many visas are issued.

• Has an option for a “blanket petition” which allows employers to transfer many employees with one petition.

• Does not require a Labor Condition Application or an educational background.

The H-1B Visa

The H-1B Visa Overview

• The H-1B visa is for a broad category of foreign professionals holding at least a bachelor’s degree.

• You must be entering the country to fill a specialty position for a U.S. employer.

• The H-1B is the most highly sought-after nonimmigrant visa due to it’s many advantages

H-1B Visa Advantages

With a whole host of advantages, it’s easy to see why the H-1B is so competitive:

• Any U.S. employer can sponsor you.• You can extend your stay up to six years

and potentially extend it further.• You can easily transfer your H-1B status

to another U.S. employer during your stay.

Disadvantages

L-1 Visa Disadvantages

Unfortunately, no visa comes without its disadvantages. For the L-1:

• You can only work for the company that initially sponsored you.

• There is no possibility of extending your stay.

• L-1B for employees with specialized knowledge is becoming increasingly more difficult to obtain.

H-1B Visa Disadvantages

The disadvantages of the H-1B include:• You are required to have at least a

bachelor’s degree.• Your employer must obtain a Labor

Condition Application for you.• There are very strict dates dictating

when you can file and when you can start working

• You will be subject to the annual lottery

H-1B Annual Lottery

The annual cap is the main disadvantage of the H-1B visa.

• Each year, the USCIS puts a limit of 85,000 on how many H-1B visas are issued.

• The petitions are randomly selected from three categories:– Applicants with master’s degrees – 20,000– Applicants with bachelor’s degrees – 65,000– Applicants from Chile or Singapore – 6,800

H-1B Lottery Breakdown

RecapL-1 Visa Advantages• No annual cap• No educational

requirement• Longer stay for

managers and executives• No Labor Condition

ApplicationL-1 Visa Disadvantages• No extensions• Must work with

sponsoring employer

H-1B Visa Advantages• Can work with any U.S.

employer• Possibility for extensionsH-1B Visa Disadvantages• Annual cap• Mandatory bachelor’s

degree• Shorter initial stay• Labor Condition

Application requirement

Conclusion

• All told it is more advantageous to obtain an L-1 visa if possible.

• However, it may be difficult to find a multinational company willing to sponsor you

• For that reason, many people choose to pursue the H-1B visa

About SGM Law Group

Our work visa attorneys specialize in helping professionals enter the U.S. through the H-1B and L-1 processes.

• If you are wondering which visa is right for you, our lawyers can help you choose the best path for your unique situation

• Click on the Contact Us button to schedule a consultation today.

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