The L-1A visa is for organizations doing business both in the US and overseas. It is used for the transfer of managers and executives from an overseas to a US office.
The L-1B visa is for organizations doing business both in the US and overseas. It is used for the transfer of specialized knowledge employees from an overseas to a US office.
The H-1B visa is for US-based organizations wishing to employ foreign nationals in professional positions.
Eligibility
The US and overseas entity must have a qualifying relationship.
The foreign national must have worked for the overseas entity for at least 1 year during the preceding 3 years.
The US role must be in a managerial or executive capacity.
Professional workers who hold at least a four-year bachelor’s degree in a relevant field or its equivalent, and will be employed in a position which requires such a degree
No prior affiliation with a US or overseas office of the organization is required.
Sponsoring Entity
Either the US-based entity or the foreign entity can be a sponsor.
Only a US-based entity can be a sponsor.
Scale of Business Operations
Both the US entity and the foreign entity must be doing business during the entire period of the transferred employee’s stay in the US on L-1 visa. “Doing business” is defined as the regular, systematic, and continuous provision of goods or services, and does not include the mere presence of an agent or office.
The organization must be financially viable and of sufficient size and organizational complexity to support hiring the H-1B candidate.
While established companies will not generally experience difficulty in demonstrating an ability to pay, smaller companies and startups will need to document the availability of sufficient current and future resources to maintain the offered H-1B positions.
Annual Quota
None.
65,000
In addition, 20,000 visas are available for candidates with a US master’s degree or higher.
Certain educational and research organizations are exempt from the cap.
When to file
Any time of the year.
April 1
Cap-exempt H-1B visas can be filed any time of the year.
DOL Approval
Not needed.
Prior to filing an H-1B visa petition, an employer must submit for approval a Labor Condition Application (LCA) to the US Department of Labor (DOL).
Wage
No minimum salary is required.
Employers must pay the H-1B workers the required wage rate, which is the greater of
a wage that is at least equal to the actual wage paid by the employer to other workers who are similarly qualified for the job, or
the prevailing wage for the occupation in the area of intended employment.
Education Requirement
There are no formal education requirements for the L-1A visa.
There are no formal educational requirements for the L-1B visa.
However, blanket L-1B visa applicants must hold at least a bachelor’s degree in a field related to the position.
The H-1B visa applicant must hold at least a four-year US bachelor’s degree in a field related to the position. A foreign degree equivalent is also accepted.
Alternatively, the degree requirement can be satisfied with a combination of higher education and specialized work experience. Three years of relevant work experience equal one year of university level study.
Work Restrictions
The L-1 visa holder is authorized to work only for the sponsoring organization. In addition, the L-1 employee can only work in the same position, perform the same duties, and be based in the same location as indicated in the L-1 visa petition. Any material changes in the terms of employment require the filing of an amended visa petition.
The H-1B visa holder is authorized to work only for the sponsoring organization. In addition, the H-1B employee can only work in the same position, perform the same duties, and in the same location as indicated in the H-1B visa petition. Any material changes in the terms of employment require the filing of an amended visa petition.
The H-1B visa holder can be concurrently employed by multiple organizations, but each employer must file a separate H-1B visa petition.
Portability
Not applicable.
An H-1B visa holder who is already in the US can begin working for a new employer as soon as the new employer files an H-1B visa petition. The new employment can commence without the need to wait for USCIS to approve the I-129 petition.
Period of Stay
7 years maximum
An initial L-1A visa may be granted for up to 3 years. Extensions are possible in 2 year increments.
A New Office L-1 visa may be approved for a maximum of 1 year.
Only time spent physically in the US counts towards the maximum. However, any time spent in the US on H-1B visa also counts towards the limit.
5 years maximum
An initial L-1B visa may be granted for up to 3 years. Extensions are possible in 2 year increments.
A New Office L-1 visa may be approved for a maximum of 1 year.
Only time spent physically in the US counts towards the maximum. However, any time spent in the US on H-1B visa also counts towards the limit
6 years maximum
The H-1B visa is initially granted for 3 years and then can be extended for another 3 years.
In certain limited circumstances the visa can be extended beyond 6 years if the employer has initiated a green card application process.
Only time spent physically in the US counts towards the maximum. However, any time spent in the US on L-1 visa also counts towards the limit.
Blanket Visa
Qualifying large companies can take advantage of the blanket L-1 visa option which allows them to bypass the traditional USCIS visa petition procedure. Once a blanket L-1 petition approval is secured, L-1 visa applicants proceed directly to a US consulate abroad to obtain a visa.
Not available. Individual visa petition must be filed with USCIS for each worker.
Spouse and children
Spouses and children under the age of 21 are eligible to receive L-2 visa to accompany the L-1 visa holder in the US.
Spouses of L-1 visa holders are authorized to work in the US for any employer after first applying for and obtaining an employment authorization document (EAD) from USCIS.
Spouses and children under the age of 21 are eligible to receive H-4 visa to accompany the H-1B visa holder in the US.
Spouses of H-1B visa holders are generally not authorized to undertake employment in the US.
Recent changes in the law allow H-4 spouses to receive a work permit if a green card process is under way for the principal H-1B visa holder.
Green Card
The L-1A visa provides a direct path to permanent residence. This fast-track route eliminates the onerous requirement for the employer to obtain a labor certification from the Department of Labor (DOL).
The traditional labor certification process must be followed.
Labor certification is the process requiring employers to prove that there are no minimally qualified US workers available to fill the position.
The traditional labor certification process must be followed.
Labor certification is the process requiring employers to prove that there are no minimally qualified US workers available to fill the position.
Termination of Employment
The law does not impose any obligations on the employer regarding the termination of L-1 employees.
The employer must notify USCIS of the termination and pay the cost of return transportation to the H-1B employee’s home country.
Compliance and Record Retention
The employer must maintain a L-1 compliance file for each employee containing a copy of the L-1 visa petition and all supporting documentation.
USCIS can conduct unannounced site inspections to verify information contained in pending and approved visa petitions.
The employer must prepare and keep a Public Access File (PAF) for each H-1B worker. The PAF consists of the labor condition application (LCA) filed for the employee and necessary supporting documentation. This file must be kept available for public examination
The employer must also maintain a non-public H-1B compliance file for each employee containing a copy of the H-1B visa petition and all supporting documentation.
All payroll records must be retained for a period of 3 years.
USCIS and DOL can conduct unannounced site inspections to verify information contained in pending and approved visa petitions as well as compliance with the terms of the LCA.
Description
L-1A Visa
The L-1A visa is for organizations doing business both in the US and overseas. It is used for the transfer of managers and executives from an overseas to a US office.
L-1B Visa
The L-1B visa is for organizations doing business both in the US and overseas. It is used for the transfer of specialized knowledge employees from an overseas to a US office.
H-1B Visa
The H-1B visa is for US-based organizations wishing to employ foreign nationals in professional positions.
Eligibility
L-1A Visa
L-1B Visa
The US and overseas entity must have a qualifying relationship.
The foreign national must have worked for the overseas entity for at least 1 year during the preceding 3 years.
The US role must be in a managerial or executive capacity.
H-1B Visa
Professional workers who hold at least a four-year bachelor’s degree in a relevant field or its equivalent, and will be employed in a position which requires such a degree
No prior affiliation with a US or overseas office of the organization is required.
Sponsoring Entity
L-1A Visa
L-1B Visa
Either the US-based entity or the foreign entity can be a sponsor.
H-1B Visa
Only a US-based entity can be a sponsor.
Scale of Business Operations
L-1A Visa
L-1B Visa
Both the US entity and the foreign entity must be doing business during the entire period of the transferred employee’s stay in the US on L-1 visa. “Doing business” is defined as the regular, systematic, and continuous provision of goods or services, and does not include the mere presence of an agent or office.
H-1B Visa
The organization must be financially viable and of sufficient size and organizational complexity to support hiring the H-1B candidate.
While established companies will not generally experience difficulty in demonstrating an ability to pay, smaller companies and startups will need to document the availability of sufficient current and future resources to maintain the offered H-1B positions.
Annual Quota
L-1A Visa
L-1B Visa
None.
H-1B Visa
65,000
In addition, 20,000 visas are available for candidates with a US master’s degree or higher.
Certain educational and research organizations are exempt from the cap.
When to file
L-1A Visa
L-1B Visa
Any time of the year.
H-1B Visa
April 1
Cap-exempt H-1B visas can be filed any time of the year.
DOL Approval
L-1A Visa
L-1B Visa
Not needed.
H-1B Visa
Prior to filing an H-1B visa petition, an employer must submit for approval a Labor Condition Application (LCA) to the US Department of Labor (DOL).
Wage
L-1A Visa
L-1B Visa
No minimum salary is required.
H-1B Visa
Employers must pay the H-1B workers the required wage rate, which is the greater of
a wage that is at least equal to the actual wage paid by the employer to other workers who are similarly qualified for the job, or
the prevailing wage for the occupation in the area of intended employment.
Work Restrictions
L-1A Visa
L-1B Visa
The L-1 visa holder is authorized to work only for the sponsoring organization. In addition, the L-1 employee can only work in the same position, perform the same duties, and be based in the same location as indicated in the L-1 visa petition. Any material changes in the terms of employment require the filing of an amended visa petition.
H-1B Visa
The H-1B visa holder is authorized to work only for the sponsoring organization. In addition, the H-1B employee can only work in the same position, perform the same duties, and in the same location as indicated in the H-1B visa petition. Any material changes in the terms of employment require the filing of an amended visa petition.
The H-1B visa holder can be concurrently employed by multiple organizations, but each employer must file a separate H-1B visa petition.
Education Requirement
L-1A Visa
There are no formal education requirements for the L-1A visa.
L-1B Visa
There are no formal educational requirements for the L-1B visa.
However, blanket L-1B visa applicants must hold at least a bachelor’s degree in a field related to the position.
H-1B Visa
The H-1B visa applicant must hold at least a four-year US bachelor’s degree in a field related to the position. A foreign degree equivalent is also accepted.
Alternatively, the degree requirement can be satisfied with a combination of higher education and specialized work experience. Three years of relevant work experience equal one year of university level study.
Portability
L-1A Visa
L-1B Visa
Not applicable.
H-1B Visa
An H-1B visa holder who is already in the US can begin working for a new employer as soon as the new employer files an H-1B visa petition. The new employment can commence without the need to wait for USCIS to approve the I-129 petition.
Period of Stay
L-1A Visa
7 years maximum
An initial L-1A visa may be granted for up to 3 years. Extensions are possible in 2 year increments.
A New Office L-1 visa may be approved for a maximum of 1 year.
Only time spent physically in the US counts towards the maximum. However, any time spent in the US on H-1B visa also counts towards the limit.
L-1B Visa
5 years maximum
An initial L-1B visa may be granted for up to 3 years. Extensions are possible in 2 year increments.
A New Office L-1 visa may be approved for a maximum of 1 year.
Only time spent physically in the US counts towards the maximum. However, any time spent in the US on H-1B visa also counts towards the limit.
H-1B Visa
6 years maximum
The H-1B visa is initially granted for 3 years and then can be extended for another 3 years.
In certain limited circumstances the visa can be extended beyond 6 years if the employer has initiated a green card application process.
Only time spent physically in the US counts towards the maximum. However, any time spent in the US on L-1 visa also counts towards the limit.
Blanket Visa
L-1A Visa
L-1B Visa
Qualifying large companies can take advantage of the blanket L-1 visa option which allows them to bypass the traditional USCIS visa petition procedure. Once a blanket L-1 petition approval is secured, L-1 visa applicants proceed directly to a US consulate abroad to obtain a visa.
H-1B Visa
Not available. Individual visa petition must be filed with USCIS for each worker.
Spouse and children
L-1A Visa
L-1B Visa
Spouses and children under the age of 21 are eligible to receive L-2 visa to accompany the L-1 visa holder in the US.
Spouses of L-1 visa holders are authorized to work in the US for any employer after first applying for and obtaining an employment authorization document (EAD) from USCIS.
H-1B Visa
Spouses and children under the age of 21 are eligible to receive H-4 visa to accompany the H-1B visa holder in the US.
Spouses of H-1B visa holders are generally not authorized to undertake employment in the US.
Recent changes in the law allow H-4 spouses to receive a work permit if a green card process is under way for the principal H-1B visa holder.
Green Card
L-1A Visa
The L-1A visa provides a direct path to permanent residence. This fast-track route eliminates the onerous requirement for the employer to obtain a labor certification from the Department of Labor (DOL).
L-1B Visa
The traditional labor certification process must be followed.
Labor certification is the process requiring employers to prove that there are no minimally qualified US workers available to fill the position.
H-1B Visa
The traditional labor certification process must be followed.
Labor certification is the process requiring employers to prove that there are no minimally qualified US workers available to fill the position.
Termination of Employment
L-1A Visa
L-1B Visa
The law does not impose any obligations on the employer regarding the termination of L-1 employees.
H-1B Visa
The employer must notify USCIS of the termination and pay the cost of return transportation to the H-1B employee’s home country.
Compliance and Record Retention
L-1A Visa
L-1B Visa
The employer must maintain a L-1 compliance file for each employee containing a copy of the L-1 visa petition and all supporting documentation.
USCIS can conduct unannounced site inspections to verify information contained in pending and approved visa petitions.
H-1B Visa
The employer must prepare and keep a Public Access File (PAF) for each H-1B worker. The PAF consists of the labor condition application (LCA) filed for the employee and necessary supporting documentation. This file must be kept available for public examination The employer must also maintain a non-public H-1B compliance file for each employee containing a copy of the H-1B visa petition and all supporting documentation.
All payroll records must be retained for a period of 3 years.
USCIS and DOL can conduct unannounced site inspections to verify information contained in pending and approved visa petitions as well as compliance with the terms of the LCA.