Current L1 and H1B visa holders applying for a green card must file Adjustment of Status to obtain change to permanent resident. L1 visa holders can easily apply for employment-based green card for managers and executives EB-1C.
Most L1 visa holders already meet the eligibility requirements for the multinational manager or executive employment-based green card category. Both L1 and H1B visas come with certain advantages and disadvantages. While they are both dual intent, temporary work visas, you may only qualify for one over the other. 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.
H4 visa holders. H1B applicants must have at least a US bachelor's degree or equivalent, and the role must be in a specialty occupation which requires the qualification. 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? While your L-1 visa remains valid, you can also apply again at subsequent H-1B windows, or consider alternative visa options.
For the US employer and the individual alike, it will be important to understand and assess, out of the H1b visa or the L1 , which is better and most appropriate as an immigration route.
In some circumstances, relevant work experience could be relied on as a substitute for a degree, but again the experience must correspond to the profession or area of expertise of the H-1B job. The L-1 visa, however, does not stipulate educational requirements such as requirements for a degree.
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. The L-1 visa requires the applicant to be in an executive or managerial role, or to possess specialized knowledge specific to the organization.
This requirement is heavily scrutinized by visa adjudicators and applicants are advised to prepare substantial and compelling evidence to support eligbility under this criteria. The L1 visa is open only to international organisations. It allows employers to transfer employees from overseas to a branch, subsidiary or office of the same company in the US. To be eligible, the employee must have been employed as a manager, executive, or specialized knowledge worker by an overseas subsidiary, parent, affiliate or branch office of the US company they are transferring to for at least 12 months of the three years immediately preceding the date of application.
It is not possible to transfer to a different company under the same L1 visa. The employee would need to secure new, appropriate status to remain and work lawfully in the US. Only US-based companies can sponsor foreign nationals under the H1-B visa route.
If granted, the visa is valid only in relation to sponsorship by that specific employer. If the H1-B worker finds a new job with a new employer, their visa would no longer be valid. To maintain their lawful status in the US, they would need to file for a new H1-B visa with their new employer as sponsor, or consider alternative visa options that may be available.
The L-1A visa, for example, permits an initial stay of up to 3 years. The visa holder may apply to extend this period for a total maximum duration of 7 years. The L-1B, however, permits up to a total maximum period of 5 years, including the initial three-year grant. With both the L1A and L1B visas, where the employee is transferring to open a new US branch, the period of leave is only one year. The H1B visa also allows an initial three-year stay. This is extendable to 6 years, where a successful application is made.
Any time spent in the US under the H1B visa will be counted towards any L1 visa maximum period, and vice versa for L1 visa stays counting towards subsequent H1B maximum period. The L1 visa route is not subject to any cap or annual limit on the number that can be issued.
For successive years, the H1B has been oversubscribed, and the so-called H1B lottery is used to determine which applications will be processed and considered. Petitions should be filed in the H1B visa window, typically in the first few days of April. H1B visas that are successful through petitioning cannot, however, take effect under the following 1 October.
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.
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