L-1s vs. H-1B: Colorado Immigration Lawyer Advice

Each year, employers bring thousands of skilled foreign nationals to the United States to cover

mission critical needs that the American workforce simply doesn’t have the human resources to

cover. Many of these skilled aliens come to America and the Law Firm of Samira Recob can

help these individuals and businesses decide what type of visas are best suited for bringing

these workers to America.

Typically, employers have two types of visas to choose from when bringing skilled foreign

workers to America: the L-1 or the H-1 (The L-1 comes in two varieties, the L-1A and the L-1B.)

Each type of visa has specific features that may fit the needs of certain employers and

circumstances than others.

H-1B visas allow foreign workers in highly specialized visas to come to the U.S. and work for an

employer. L-1 visas are available to employees of foreign companies and allow them to come

work at a U.S. branch or affiliate of that company. The L-1A visa is for executives and managers

and the L-1B visa is for workers with specialized knowledge. For companies operating in

Colorado or the West, a Colorado immigration lawyer can be helpful in assessing which type of

visa is most beneficial for their company and their workers.

H-1 visas are capped at 65,000 visas per year, although an additional 20,000 applicants with

master’s degrees from U.S. universities are allowed in each year. There is no cap in the number

of L-1 visas issued each year. Also, foreign companies that need to bring in multiple workers or

managers may seek blanket L-1 visas covering them.

H-1B visa holders must at least have the equivalent of a bachelor’s degree. No education

requirements exist for L-1 visa holders. Also, the H-1B visa holder’s degree must be in the field

in which he or she will be working in the U.S.

H-1B visa holders must be paid the prevailing wage for the occupation in which they will be

employed. There are no wage requirements for L-1 visa holders, but significantly low wages will

result in scrutiny from the federal government.

Spouses of L-1 visa holders may work in the U.S., holders of H-1 visa holders may not. Also,

the U.S. Department of Labor must approve H-1 visa holders, no Labor Department approval is

required for L1 workers.

With regard to duration, H-1 visa holders can stay in the U.S. for up to six years, although the

duration may be extended under special circumstances. L-1A visa holders can stay in the U.S.

for five years and L-1B visa holders can stay for up to seven years. Both H-1 and L-1 visas are

dual intent visas, meaning their holders can pursue a green card.

When considering bringing workers to the United States, you will find it useful to consult with a

Colorado immigration lawyer with experience in handling visa filings for corporate entities. The

visa process can be long and complicated and a skilled L-1, H-1 or O-1 visa lawyer can help

expedite the process and reduce the risk of being denied by immigration authorities.

For more information visit us at http://www.recoblaw.com.