Navigating Employment Visas?
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Steps
Our expert team is always ready to help you navigate the complexities of Employment Visas.
Understanding Employment Visas
H-1B visas cater to foreign workers seeking employment in specialized occupations in the U.S., while L1 visas are designed for intra-company transferees within multinational companies. Each visa has unique requirements and benefits tailored to specific employment situations. Let's delve deeper into the key features of both visas:
H-1B Visa
The H-1B visa is designed for foreign workers seeking employment in specialized occupations in the U.S. Key features include:
Specialty Occupation: The job offer must be in a specialized field typically requiring a bachelor's degree or higher.
Employer Sponsorship: The employer must sponsor the H-1B visa application, demonstrating that the position cannot be filled by a U.S. worker.
Duration: H-1B visas are initially granted for up to three years, with a possible extension for another three years.
L1 Visa
The L1 visa caters to intra-company transferees being transferred to the U.S. by their current employer. Key features include:
Intra-company Transfer: The L1 visa allows multinational companies to transfer employees from their foreign offices to their U.S. offices.
Executive, Managerial, or Specialized Knowledge Position: The applicant must be employed in a managerial, executive, or specialized knowledge capacity.
Duration: L1 visas are initially granted for up to one year for newly established U.S. offices, and up to three years for existing U.S. offices, with the possibility of extension1.
Comparing H-1B and L-1 Visas
While both visa categories serve different purposes, here are some key points of comparison between H-1B and L-1 visas:
1) Purpose: H-1B visas are typically used for foreign workers seeking employment in specialized occupations, while L-1 visas are for intracompany transferees within multinational companies.
2) Employer Sponsorship: Both visas require employer sponsorship, but the requirements and documentation may differ.
3) Duration: H-1B visas can be granted for up to six years, whereas L-1 visas have varying initial durations depending on the circumstances.
4) Job Requirements: H-1B visas require a job offer in a specialized field, while L-1 visas require the applicant to hold a managerial, executive, or specialized knowledge position within the company.
5) The l-1 requires a showing of the l-1 applicant to have worked at least 1 of the past 3 years for the home country employer
Don’t Wait! Let Us Help You with Your H-1B and L-1 Visas Today.
FAQ
H-1B visas are for individuals in specialty occupations and usually require a bachelor's degree or equivalent. They are subject to an annual cap and lottery system. L1 visas are for employees being transferred within multinational companies, without a specific degree requirement or annual cap1.
For an H-1B visa, an employer submits a Labor Condition Application to the Department of Labor, then files a petition with USCIS. For an L1 visa, the U.S. employer files a petition with USCIS. If approved, the foreign worker can apply for the visa at a U.S. embassy or consulate.
For H-1B: a completed petition, Labor Condition Application, proof of qualifications, job offer letter, and any necessary licenses. For L1: a completed petition, evidence of the relationship between the U.S. and foreign companies, proof of the transferee's role, and a job offer letter.
H-1B visas are subject to a lottery due to an annual cap, while L1 visas are not capped but require a qualifying relationship between the U.S. and foreign companies and the transferee's role.
If your application is denied, you will receive a notice explaining the reasons. Depending on these reasons, you may be able to file an appeal, a motion to reopen/reconsider, or correct issues and reapply. Legal advice is often beneficial in these situations.
Why Choose Claxton Law?
At Claxton Law PLLC, we make it our mission to defend and protect the rights of every one of our clients. Our firm’s main priority is to empower you to achieve the best possible outcome in your case!
We provide:
Expert guidance and assistance throughout the visa application process.
Thorough evaluation of your eligibility and documentation requirements.
Strong representation in case of any legal challenges or issues that may arise.
Timely updates and communication to keep you informed about the progress of your case.