The Difference Between H-1B visa and L-1 visa show be on your mind as a U.S. Citizen. following the argument on “Why is the Trump government behind the H-1B and not L-1 visas”.
In April 2017. Trump directed federal agencies to implement a “Buy American, Hire American” strategy, which included proposing new rules and guidance for preventing fraud and abuse of work visas. The H-1B program, in particular, is one that President Trump has eyed for reform, criticizing abusers of the program who use the visa to replace American workers.
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What is H1B Visa and L1 Visa
Explaining with Objective, H1B Visa Objective is to work as a professional for a company or organization. WHILE L1 Visa Objective is to work for the parent company in the United States or start a subsidiary in the US.
Below I will be showing you all reason why Trump government is behind the H-1B and not L-1 visas with this Different Between H-1B visa and L-1 visa.
The Difference Between H-1B visa and L-1 visa
In the United States there are various types of work visas such as H1B and L1 (L1A and L1B) and the U.S. routinely need temporary workers that are highly skilled, various temporary work visas allow the employers to hire foreign workers. While there are many some similarities between H1B and L1 visa categories
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See other DIFFERENCES below
For Employer
L1 visa: L1 visa petition can be filed only by the parent, subsidiary, affiliate or branch of the foreign company where the alien has worked for at least 1 year in preceding 3 years in the capacity of manager, executive or special knowledge work. All employers don’t have much choice as not all companies have the foreign presence or are multinational. WHILE
H1B visa: Any U.S. based employer can hire the foreign worker, provided all other conditions are met.
For Prevailing Wage
L1 visa: No requirements. That is because the L1 visa holder is really on behalf of a foreign qualifying entity.
However, significantly lower wages may cause problems.
H1B visa: Must be paid at least the prevailing wages.
For Maximum Duration
L1 visa: L1A – 7 years
L1B – 5 years
No further extensions.
If the person has spent time previously on H visa, that duration is counted towards the maximum allowed duration.
H1B visa: H1B – 6 years
If the person has spent time previously on L visa, that duration is counted towards the maximum allowed duration. However, in certain situations, it is possible to extend H1B visa beyond 6 years.
For Blanket Petition
L1 visa: Available
H1B visa: Not available. An individual petition must be filed for each proposed H1B worker.
For Payroll
L1 visa: Can be on the payroll of U.S. company or foreign company and be paid only the allowance in the U.S.
H1B visa: Must be on the payroll of U.S. company.
For Spouse
L1 visa: L2 visa holders can get EAD and work.
H1B visa: H4 visa holders can not get EAD and therefore, can not work.
For Minimum Education Requirement
L1 visa: No degree is required. Even if the worker has a degree, it does not have to be in any specific specialized field.
H1B visa: Worker must have U.S. bachelor’s degree or equivalent and the job must be in a specialty occupation that requires such education.
For Dept. of Labor Approval
L1 visa: Not required. In theory, an L1 worker cannot be substituted by a U.S. worker.
H1B visa: Approval of Labor Condition Application required. Need attestation from the employer that qualified U.S. workers are unavailable.
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For Permanent Resident Status
L1 visa: Holders have the option of applying for a permanent resident status.
H1B visa: Holders have the option of applying for a permanent resident status.
For Green Card
L1 visa: L1A visa holder can file green card in EB1C category, can avoid filing the PERM labor certification and usually get a green card in less than one year.
Employers of most L1B visa holders would need PERM labor certification approval to get them a green card.
H1B visa: Employers of most H1B visa holders would need PERM labor certification approval to get them a green card.
So let me believed that with this Difference Between H-1B visa and L-1 visa that I showed you above you will no more ask Why is the Trump government behind the H-1B and not L-1 visas?
