H-1B: An H-1B is a temporary visa for skilled workers. H-1B visas are for individuals who qualify for specialty occupations through education, work experience, or a combination of the two. The individual must have at least a Bachelor’s degree (or its equivalent) in the field of employment. To qualify for an H-1B visa, the individual must be hired by a company in the U.S. who can demonstrate that they have legal full time/part-time employment for the individual. The employer is responsible for sponsoring this visa and therefore the employee is paid by the U.S. Company. The duration of stay for an H-1B Visa can be up to 3 years. The duration of stay can be extended to a total of six years by subsequent filings. If an Employer removes an H-1B Visa holder from his position, the visa holder must leave the country or can search for another employer who can sponsor him.
H-1B Visas are considered a dual intent visa and provide a path for a Green Card. However, it is important to note that this path is long and complicated and seeking the advice of an experienced attorney is crucial in this process. Our firm has extensive experience in filing various H-1B Visas for employers. We realize the importance of this process for your company and the employee’s future and we guarantee that we will carefully and thoroughly file each case and keep you up to date every step of the way.
L: An L-1 visa, also known as intercompany transfer visas, are available to employees of an international company with offices in both the United States and abroad. However, the L-1 visa has its limitations; to name a few, this visa is limited to: only employees with specialized knowledge or those that will hold a position of a high-level manager or an executive in the United States, the employee must have worked in the foreign-based facility for one out of the last three years, and the multi-national company must establish that it is a qualifying organization.
- The L-1A Visa is for Managers and Executives. It is valid for seven years. After the expiry of the term, one has to leave the country. A benefit of being on an L-1A visa is the ability to apply for a Green Card (Permanent Residence), without going through the process of Labor Certification, after only one year in L-1A status. The duration of stay for an L-1A Visa can be up to 3 years. The duration of stay can be extended to a total of seven years by subsequent filings.
- The L-1B Visa is for key employees (accountants, computer programmers, etc.). It is meant for specialized workers in those companies above stated. It is valid for a period of 5 years and has to leave the country after the period is over. The duration of stay for an L-1B Visa can be up to 3 years. The duration of stay can be extended to a total of five years by subsequent filings.
- The L-1 Blanket allows for the employee to directly apply for a visa without prior approval of an individual petition with the USCIS.
The spouse and children of the primary applicant who is under the age of 21 may be issued L-2 visas. The requirements for an L-1 visa are not easy to meet and getting the help of an attorney can save you time and frustration. Our firm has had many successful L-1 petitions. We have the knowledge and experience to quickly and properly prepare your petitions while still taking the time to answer any questions or concerns you may have. We have helped many different companies bring employees to the United States to further the success of their careers and business.