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Last Updated On: October 4, 2024 | Published On: March 5, 2024
Often foreign professionals find themselves in the United States on an L-1 visa and weighing the pros of converting to an H-1B visa for its multitude of benefits. Having an L-1 visa can be highly advantageous to you if you work for a multinational company however many circumstances may cause you to need to change your status from an L-1 visa to an H-1B visa. The two visas do share some similarities but there are distinct differences that would make one better for your situation over the other.
Transitioning from L-1 to H-1B change of status is not all that complicated. Once you find an employer to sponsor you on an H-1B visa, the process is relatively straightforward for an L-1 to H-1B change of status (COS). The important thing to remember is that there is no special process for converting your status from L-1a or L-1B to H-1B. You will essentially be filing for an H-1B from scratch. The only difference will be that you are already in the U.S., so if your petition is approved, you may not need to go through a consular interview and can instead automatically change your status.
The L-1 is a temporary work visa that is meant for the transfer of employees from a multinational company’s foreign branch to a location in the U.S. There are two types of L-1 visas, both of which may be suitable for a change of status to an H-1B.
For L-1A Visa (Managers and Executives):
For L-1B Visa (Employees with Specialized Knowledge):
If you were selected in the 2024-25 H-1B visa lottery, contact VisaNation attorneys for filing your H-1B petition. Contact Us
If you were selected in the 2024-25 H-1B visa lottery, contact VisaNation attorneys for filing your H-1B petition.
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The H-1B, on the other hand, is not limited to multinational companies, which is what makes it such a popular visa option.
Both L-1 and H-1B are temporary (non-immigrant) visas that allow dual intent. In this case, dual intent means that the foreign worker does not need to demonstrate ties to the home country or jeopardize their visa status by filing for a green card.
They both are available for premium processing. The premium processing fee of $2,805 and checks should be made payable to the U.S. Department of Homeland Security. USCIS guarantees that premium processing cases will be handled within 15 business days. If you receive a request for evidence (RFE) or other additional paperwork then an additional 15-day period will begin for processing once USCIS receives those documents.
The spouse of an L-1 visa holder may apply for Employment Authorization Documents (EADs) and subsequently start working legally after receiving approval. Relatives of H visa holders can also be eligible to get an EAD if their spouse is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker.
The maximum length an individual can remain in the U.S. on an L-1 is seven years (L-1A) and five years for L-1B. Whereas an H-1B status holder can stay for six years with the option to file for a three-year extension. For individuals who spend time outside the country on an H visa, that duration is applied towards the maximum amount of the L visa (or vice versa).
L-1A holders can easily come to the U.S. to open a new office (though visas in this case are issued for an initial period of one year). Although it is possible to start a business on an H-1B visa, it is more complicated and there are no special provisions for it.
As you can see, one of the major disadvantages of the H-1B among all other nonimmigrant visas is the fact that it is subject to the annual cap and lottery. However, not all H-1B petitions fall under this cap. H-1B transfers and extensions are cap-exempt, and so are petitions filed for certain cap-exempt employers. This last part is important if you are an L-1 visa holder who wants to avoid the cap.
There are three types of employers that are not subject to the cap:
If you can get a job offer from an employer that falls into one of these categories, your petition will not be subject to the cap. This means that it can be submitted at any time (not just the first business day in April like cap-subject petitions) and you do not have to wait until October 1st to begin working as an H-1B employee.
However, this is not an effective way to circumvent the cap and work for a different employer. If you file to transfer your H-1B status from a cap-exempt employer to a cap-subject one, you will need to enter your petition into the lottery and be restricted to the designated time period.
The H-1B season, starting in April, operates as a lottery system, with cap-subject petitions categorized into Masters (20,000) or Regular Quotas (65,000). Planning is crucial, especially for those not on H-1B status previously, as an annual cap applies. The sponsoring employer files the petition, including an employment letter with duties, employment dates, and prevailing wage details. The Labor Certification Application, involving four attestations to the Department of Labor, is the next step:
Once approved, the DOL provides a certified copy. Submit all necessary documents to the USCIS service center, with the employer covering fees (except premium processing). If selected in the lottery and approved, H-1B employment begins on October 1st, automatically changing nonimmigrant status. Remember, the beneficiary cannot pay fees by law, but personal gain can justify the premium processing fee.
Learn about H-1B Visa Stamping in this guide.
As long as your L-1 employer can be considered a U.S. employer and can offer you a specialized position, you should be able to have that employer sponsor you for an H-1B. However, keep in mind that an employer with too many H-1B workers may be considered H-1B dependent. Also, remember that you need a bachelor’s degree that is related to your specialized H-1B job. Not all L-1 positions qualify you for an H-1B. Be sure to have your immigration attorney review your case and determine whether or not your position qualifies.
L-1 to H-1B change of status can seem complex for some individuals, which is why it’s advised to seek an H-1B immigration attorney. The VisaNation Law Group's lawyers can advise you every step of the way.
Tags: Change of Status, L-1 Visa