Many a times employers in the US require
professionals to work for them on temporary basis who are qualified in their respective
fields. Both L1 and H1B are non
immigrant visas much sought after for employers who want to hire qualified professionals
from overseas.
Certain permits, such as L1 and H1B, are introduced
to ensure fast service, and to avoid any unnecessary delay in official
activity. The main difference between these is that while the L1 Visa allows trained
manpower working with an MNC with office in the US and abroad to come and work
in the US office, for a short period of time; the H1B Visa is for temporary
skilled workers and provided for the special skilled professionals.
When a Comparison is made between the two, both the
categories have different sets of advantages.Citizens of all the countries are
eligible to apply for these visas. Both H-1B and L-1 allow the main applicant to
bring his family members along with him.
H1B Visa requires Labor Condition Application (LCA) from the Department
of Labor (DOL)
The major advantage between the L1 and H1B visa is
that the latter requires the Labor Condition Application (LCA) issued by the
Department of Labor (DOL) whereas the former does not has any such requirement.Instead
the L1 employers have to submit the documents verifying that both the business
entity overseas and the business entity in the US are qualifying entities.
Validity Duration
The L1 visa is a dual intent visa and initially
issued for one year with a possibility of further extension up to seven years.The
spouse of L-1 visa holder is eligible to apply for US work permit upon landing
in the United States.On the other hand, the H1B is also dual intent visa
initially issued for three years and can be extended up to six years, and it
does not permit the spouse to obtain work authorization up to certain years as
only certain H-4 dependent visa holders (H-1B AC 21 beneficiary’s dependents)
are eligible to apply for EAD ( Employment Authorization Document) .
Employer Attestation Not Required
Most applicants find the H1 B Visa more attractive
which can be easily extended beyond six years whereas the L1 Visa has more
advantages. Under L-1, it’s not
mandatory for candidates to prove that qualified skilled workers are not
available in the States whereas under the H1B dependent business personals must
make an attestation regarding the same on the Labor Condition Application
(LCA).
Big Cooperate House May Easily Use Blanket Petition
Big cooperate houses with regular transfer of
employees between the US office and offices overseas may take the advantage of
the blanket L Visa option.The before stated option makes the complete process
smooth where as the H1B does not give any such liberty.
No Prevailing Wage Requirement: L1 Visa
One of the major key features of the L1 Category is
that the applicant need not have a pre-determined wage requirement.But H1B visa
requires that the vacant position should be filled at the pre-determined
prevailing wage or the actual wage--whichever of the two is higher.
Conclusion
Both the permits are viable visa options and of
equal importance.Each has its own set of advantages and disadvantages.Both are
temporary work visas with the option of applying for American Green Card
without disturbing the prevailing visa status.
For help and information on Visas immigration or
any other query, fill this free assessment form http://goo.gl/forms/LLUYligDbL or
send resume at ashutosh@abhinav.com
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