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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.
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L-1B & L-2B vs. H-1B:
Finding the Visa That
Works for You
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.
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.
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.
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.
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.
How Long Can an Employee Stay? L-1A Visas L-1B Visas H-1B Visas
Under a L-1A visa, employees may stay in the U.S. for up to seven years. No extensions are available.
Under a L-1B visa, employees may stay in the U.S. for up to five years. No extensions are available.
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.
Education Requirements • No education requirements for L-
1A holders. • No education requirements for L-
1B holders. • Holders of H-1B visas must have
the equivalent of a bachelor’s degree in their field.
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.
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.
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