Benefits Of L-1 Over H-1B

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SPOUSE CAN SEEK EMPLOYMENT

Likely one of the most prevailing factors in favor of an L-1 visa is the ability for L-2 visa holders (spouse or unmarried minors of L-1 visa holder) to get Employment Authorization Documents (EAD) and find work. The immediate family members of H-1B visa holders are also now able to acquire EADs in light of the President’s recent executive action. Learn more about the process to obtain a work permit.

However, all L-2 visa holders are able to work in the U.S. while H-4 EADs are only granted to the H-4 spouses and dependents of H-1B holders who have an I-140 petition submitted and approved by the USCIS. Also, if the I-140 is revoked, withdrawn, or otherwise removed, the H-4 holder will not be able to renew his or her EAD when it expires unless another I-140 is approved for the principle H-1B holder. For H1B Visa Process Check UT Evaluators

On a similar note, L-1 petitions do not maintain a prevailing wage which is typically established by the State Employment Security Agency based on the duties, skill, and experience required for the position. This may be a hindrance or a benefit depending on the wage determined by your employer. H visa holders are subject to be paid the prevailing wage or actual wage; whichever is higher.

Additionally, under the current political administration, H-4 holders may not be able to seek employment authorization much longer. There is an effort to remove this privilege from the spouses and dependents of H-1B holders. If this comes to fruition, these people will need to find an alternative within the immigration system to work in the U.S.

NO CERTIFICATION REQUIRED FROM DEPARTMENT OF LABOR

L-1 employers do not have to experience the hassle of submitting a Labor Condition Application (LCA) which essentially demonstrates a lack or unavailability of domestic workers to fulfill the role. Not only is this tedious and time consuming, but it can cost additional funds in some cases, though the LCA itself does not come with a filing fee.

To get an LCA, an H-1B sponsoring employer must make four attestations:

A. That the beneficiary will be paid the prevailing wage

B. That the current employees have been notified of the intent to hire the beneficiary

C. That hiring the beneficiary will not negatively impact the working status or environment of the current employees

D. That no strike or lockout is in effect at the beneficiary’s proposed place of work.

Opening a New Branch

One major advantage of the L-1A visa is the ability for executives and managers to come to the U.S. with the intention of opening a new branch, office, or subsidiary where one does not already exist.

Once the office has been open and is doing business, L-1B holders can be transferred to the new office to help support the new office’s operations.

LARGE CORPORATIONS CAN USE BLANKET PETITION

Several large companies that regular transfer employees between the US and foreign offices can take advantage of the blanket L visa petition option, which makes the entire process much easier. For Educational Evaluations in US visit here

Some of the requirements for using the blanket petition option include: the employer must have obtained at least 10 L-1 approvals during the previous 1 year or has U.S. subsidiaries/affiliates with a combined $25 million in revenue or has at least 1000 employees in the U.S. By contrast, H-1B does not have any option for filing blanket petitions.

Here’s a brief recap of the benefits of the L-1 visa over the H1B:

A. No annual cap on the number of L-1 visas granted

B. Does not require any specific educational degree

C. Employers do not need to submit a labor condition application

D. Longer length of stay for L-1A manager and executive professionals; seven years as opposed to six. However, there is no possibility to file for a three-year extension.

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