www.recoblaw.com | The L-1B and L-2B and H-1B visas both offer employees a means of bringing skilled workers to the U.S. to perform highly specialized work. Each form of visa has its own unique characteristics that may make it more appropriate to certain employers and employees than others. Understanding each helps employers make the right decision regarding the visas they obtain for their employees.
L-1B $ L-2B vs. H-1B: Finding the visa That Works for You
1. L-1B & L-2B vs.
H-1B:
Finding the
Visa That
Works for You
2. Overview
The L-1B and L-2B and H-1B visas both offer employees a means of
bringing skilled workers to the U.S. to perform highly specialized work.
Each form of visa has its own unique characteristics that may make it
more appropriate to certain employers and employees than others.
Understanding each helps employers make the right decision regarding
the visas they obtain for their employees.
3. What Are L-1A, L-1B
and H-1B Visas?
• L-1A visas are for managers or skilled
executives. They can be obtained for
employees by foreign or multinational
companies.
• L-1B visas are for skilled employees. Like
the L-1A, foreign or multinational
companies can obtain these visas for
employees.
• H-1B visas are for skilled employees.
These visas may be obtained by U.S.
companies to bring foreign workers to the
U.S.
4. How L-1A & L-1B and H-1B Visas Are Alike
• L-1 visas and H-1 visas are temporary work visas.
• These visas are all dual intent, which allow the holder to apply for a
green card without jeopardizing his or her immigration status or
ability to renew these visas.
• These visas are eligible for premium processing, an expedited
processing system that allows quicker turnaround on getting a visa
approved.
5. Employer Requirements
• L-1 visas may be obtained by foreign
companies with subsidiaries or affiliates in
the U.S. or U.S. companies with foreign
subsidiaries or affiliates.
• For an L-1A or L-1B visa, the employee must
have worked as a manager or executive for
one year of the past three, or worked in a
special knowledge field for one year of the
past three.
• H-1B visas may be obtained by U.S.
employers who want overseas workers with
special skills to come to the U.S. to work.
6. Wage Requirements
• Companies obtaining H-1B visas for
employees must pay those
employees the prevailing wage for
the job being performed.
• Companies that obtain L-1 visas are
not subject to prevailing wage
requirements.
• L-1 companies that pay wages
significantly below the prevailing
wage may be subject to government
scrutiny, however.
7. How Long Can an Employee Stay?
L-1A Visas
Under a L-1A visa, employees
may stay in the U.S. for up to
seven years. No extensions are
available.
L-1B Visas
Under a L-1B visa, employees
may stay in the U.S. for up to
five years. No extensions are
available.
H-1B Visas
Under a H-1B visa, employees
may stay in the U.S. for up to
six years. Under certain
circumstances, extensions may
be granted. An immigration
attorney can help employees
and employers evaluate their
options.
8. Education Requirements
• No education requirements for L1A holders.
• No education requirements for L1B holders.
• Holders of H-1B visas must have
the equivalent of a bachelor’s
degree in their field.
9. Do We Need Labor Dept.
Approval?
• Companies obtaining L-1 visas do not
need U.S. Department of Labor approval.
• Companies obtaining H-1 visas need a
Labor Condition Application approved.
• Companies obtaining H-1 visas will be
required to prove that qualified U.S.
workers are unavailable.
10. About The Law Office of Samira Recob
Samira Recob, a Denver, CO immigration attorney,
works to assist employers and individuals obtain
work visas. Recob also can advise on a number of
other immigration matters, including obtaining a
green card or bringing a fiancée or spouse to the
U.S. The U.S. immigration system is notoriously
difficult to navigate, so having an experienced
attorney on your side can make obtaining a visa
much easier for employers and individuals alike.