Business Visas
(L-1, H1-B)
The L-1 visa is for employees of multinational companies transferring to a U.S. branch, while the H-1B visa allows U.S. employers to hire foreign workers in specialized occupations.
L-1 Visa:
The L-1 visa is a non-immigrant visa that allows multinational companies to transfer key employees from their foreign offices to their U.S. operations. It facilitates the movement of executives, managers, and specialized knowledge workers to work temporarily in the United States.
Types of L-1 Visa
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L-1A – For executives and managers.
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L-1B – For employees with specialized knowledge essential to the company’s operations.
Key benefits
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L-1 visa is a dual-intent visa, which means that L-1 visa holders can pursue permanent residency without jeopardizing their visa status.
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Spouses and unmarried children under 21 can accompany the visa holder on an L-2 visa, and spouses can apply for work authorization.
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Unlike other work visas, the L-1 does not require specific educational qualifications.
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Premium processing is available, providing decisions within 15 calendar days.
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L-1A visa holders may transition to a green card under the EB-1C category for multinational managers and executives without labor certification.
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Companies can use the L-1 visa to establish new offices in the U.S.
Requirements
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There must be a qualifying relationship between the foreign company and the U.S. company where the employee will work (such as a parent, subsidiary, or affiliate).
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The foreign company must be actively doing business or have concrete plans to do so in the U.S. and at least one other country during the employee's stay. "Doing business" means regularly providing goods or services.
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The employee must have worked full-time for the company for at least one (1) year within the past three (3) years before coming to the U.S.
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L-1A (Executives/Managers): The employee must have worked as a manager or executive and will continue in the same role in the U.S. Executives make major decisions, while managers oversee employees or a critical part of the business.
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L-1B (Specialized Knowledge): The employee must have unique, in-depth knowledge about the company’s business, services, or procedures and will apply this knowledge in the U.S.
Changes to H-1B and H-2 Visa
Programs in 2025
Starting January 17, 2025, the U.S. government is making important updates to the H-1B and H-2 visa programs to help businesses hire skilled workers more easily and fill critical job openings. For H-1B visas, used by companies to hire foreign professionals in specialized fields, the process will be faster and simpler.
More types of jobs will qualify, and students on F-1 visas will have an easier time switching to H-1B status. Nonprofit and research organizations will also benefit from fewer restrictions.
For H-2 visas, which allow workers to fill temporary jobs like farming or construction, new rules will protect workers’ rights and ensure fair wages and conditions. U.S. employers will need to show they tried to hire American workers before applying for foreign labor.
H1-B Visa:
The H-1B visa is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. These occupations typically require a bachelor’s degree or equivalent in a specific field.
Overview
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Specialty Occupation – job must require specialized knowledge and skills, typically needing at least a bachelor’s degree.
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Employer Sponsorship – U.S. employer must sponsor the foreign worker and submit petitions to U.S. Citizenship and Immigration Services (USCIS).
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Annual Cap – there is a yearly limit on new H-1B visas.
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Lottery System – when demand surpasses the annual cap, petitions are randomly selected for processing.
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Duration – H-1B visas are initially valid for three (3) years, with the possibility of extensions.
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Dual Intent – H-1B holders can pursue permanent residency while maintaining their visa status.
Key benefits
Benefits for Employers:
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Access to a global pool of highly skilled talent
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Fill skill gaps in the U.S. workforce
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Remain competitive in a global market
Benefits for Employees:
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Opportunity to work in the U.S. in their field of expertise
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Gain valuable international work experience
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Potential pathway to permanent residency (a green card)
Requirements for Employer
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Specialty Occupation - job must qualify as a "specialty occupation," requiring a strong grasp of complex concepts and the ability to apply that knowledge to practical, real-world scenarios; and at least a bachelor’s degree (or equivalent) in a field directly related to the position.
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Labor Condition Application (LCA) - employer must submit an LCA to the U.S. Department of Labor, certifying that: (1) the H-1B worker will receive a wage that is either equal to or greater than the prevailing wage or the wage paid to similarly qualified employees, (2) employing the H-1B worker will not negatively impact the working conditions of U.S. workers in similar roles, and (3) there are no strikes, lockouts, or layoffs in the job classification at the worksite during filing.
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Sponsorship and Petition Filing - employer must sponsor the foreign worker by submitting Form I-129 (Petition for a Nonimmigrant Worker) to USCIS. If subject to the annual cap, the employer must also complete the H-1B electronic registration process.
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Employer-Employee Relationship - employer must demonstrate a valid working relationship, retaining the right to oversee and control the employee’s duties and work.
Requirements for Employee
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Educational Qualifications - applicants must hold a bachelor’s degree or higher (or an equivalent) in a field directly related to the job. If the degree was earned abroad, it may need to be evaluated to confirm it matches U.S. educational standards.
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Job Offer - a valid job offer from a U.S. employer for a specialty occupation is required.
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Work Experience - certain positions or degree fields may require the applicant to demonstrate relevant experience in the industry.
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Licensing - if the role requires a professional license in the state of employment, the applicant typically must obtain the license before the H-1B petition is approved.
H1-B Cap Timeline
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Registration Period - H-1B cap lottery typically opens in early March and remains active for a few weeks, with USCIS announcing the exact dates annually.
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Lottery Selection - if the number of applicants exceeds the cap, the lottery is conducted shortly after the registration period ends.
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Petition Filing Window - selected applicants have 90 days to submit their full H-1B petitions.
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Labor Condition Application (LCA):
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Processing Time: Usually takes a few weeks, though electronic filing can expedite the process.
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Important: The LCA must be certified before filing the H-1B petition.
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Form I-129 (Petition for a Nonimmigrant Worker):
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Regular Processing: Typically takes 2 to 7 months, depending on the service center.
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Premium Processing: For an additional fee, USCIS processes the petition within 15 business days.
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