The H-1B and L-1B are two distinct nonimmigrant visa categories in the United States, each serving different purposes and catering to different scenarios. While both visas involve employer sponsorship and allow for dual intent, the key distinction lies in the type of employment and the nature of the knowledge required. The H-1B is more broadly applicable to a range of specialty occupations, while the L-1B is specifically for intracompany transfers who possess specialized knowledge.
I recently had a client who was interested in moving one of their software engineers from their India parent company to their U.S. subsidiary but were unsure which route to take. To give more context about the employee, Raj is a talented software engineer from India, holds a bachelor’s degree in computer science, and has several years of experience under his belt with their parent company. Raj was subsequently offered a job by their U.S. subsidiary tech company. Because of his background, he could have qualified for both the H-1B and L-1B, but he had a stronger H-1B case because his role with the parent company did not rise to the level of specialized knowledge nor did his outside experience rise to that level. Luckily, Raj was selected in the H-1B lottery the first year he was submitted, and the U.S. company’s need perfectly aligned with his start date in October. By working with an immigration firm and experienced professionals who have filed 1,000s of H-1Bs, the company was able to swiftly move Raj to their U.S. subsidiary without any hiccups.
Now let’s further break down both visas.
H-1B Visa
The H-1B visa is a popular choice for software engineers who wish to work in the United States. This visa category is specifically designed for professionals in specialty occupations that require a high level of specialized knowledge.
Here’s how the H-1B visa applies to software engineers and its requirements:
Specialty Occupation:
Software engineering is considered a specialty occupation, making it eligible for the H-1B visa. This category includes roles that typically require at least a bachelor’s degree or equivalent in a specific field of study.
Educational Qualifications:
To qualify for the H-1B visa, software engineers must have at least a bachelor’s degree or its equivalent in a relevant field such as computer science, information technology, or a related discipline.
Job Offer from a U.S. Employer:
Software engineers must secure a job offer from a U.S. employer who is willing to sponsor their H-1B visa. The employer must file a petition with the USCIS on behalf of the software engineer.
- Finding an employer willing to sponsor an H-1B visa can be a challenging process. However, platforms like Jooble can simplify this search by providing a wide range of job opportunities from companies actively offering H-1B visa sponsorship.
Labor Condition Application (LCA):
The employer must obtain a certified Labor Condition Application (LCA) from the Department of Labor, affirming that the employment conditions, including wages and working conditions, meet prevailing or company standards, whichever is higher.
Cap Limitations:
The H-1B visa program for initial applications and those sponsored by for-profit companies is subject to an annual numerical cap, which can impact the availability of visas. The regular cap is set at 65,000, with an additional 20,000 visas for individuals with advanced degrees from U.S. institutions.
Duration of Stay:
Initially, H-1B visa holders are granted an approval period of up to three years, with the possibility of an extension for an additional three years. Beyond the six-year limit, extensions are possible in certain circumstances, such as when the individual is in the process of obtaining permanent residency and has an approved I-140.
Dual Intent:
H-1B visa holders are allowed to have “dual intent.” This means that they can pursue permanent residency (green card) while maintaining H-1B status.
Portability Provision:
H-1B visa holders have the option to change employers under certain conditions through the H-1B portability provision.
It’s important for both employers and software engineers to be aware of the specific requirements and regulations associated with the H-1B visa program. Due to the high demand for H-1B visas, the selection process can be competitive, and individuals are advised to plan and apply well in advance of the need. Consulting with an immigration attorney is recommended for personalized guidance based on individual circumstances.
L-1B Visa
The L-1B visa is designed for intracompany transferees with specialized knowledge who work for multinational companies. This visa category allows companies to transfer employees with specific expertise from a foreign office to a related U.S. office. The L-1B visa is more commonly associated with employees possessing specialized knowledge related to a company’s products, services, or operations.
Here’s how the L-1B visa may apply to software engineers and its visa requirements:
Specialized Knowledge:
To qualify for the L-1B visa, software engineers must demonstrate specialized knowledge that is integral to the employer’s business processes, technologies, or proprietary systems. This knowledge should go beyond what is commonly known in the industry and is employer-specific.
Employer Sponsorship:
The L-1B visa requires employer sponsorship. The U.S. employer must have a qualifying relationship with a foreign entity, meaning that the relationship must be as a parent, subsidiary, affiliate, or branch office. Also, the employee must have been working for the foreign entity for a specified period. More specifically, the employee must have worked for at least one full year within the past three of filing the visa application.
Intracompany Transfer:
The employee must be transferring from a foreign office to a related U.S. office within the same multinational company.
Duration of Stay:
Initially, L-1B visa holders can be approved for a stay of up to three years. Extensions are possible, but the total stay cannot exceed five years.
Dual Intent:
L-1B visa holders are allowed to have “dual intent,” meaning they can pursue permanent residency (green card) while maintaining L-1B nonimmigrant status.
It’s important to note that the L-1B visa is a viable option for certain software engineers that have specialized knowledge within their company that can be infused into U.S. operations. The specific criteria and documentation requirements must be carefully addressed in the application. Employers and employees are encouraged to consult with immigration professionals or attorneys to ensure a thorough understanding of the L-1B visa process and to navigate the application successfully.
As promised, here’s some bonus information that you may not know about:
For a successful visa application for Software Engineers, consider the following tips:
Thoroughly Understand the Visa Category:
Gain a clear understanding of the specific visa category that suits your professional qualifications and goals.
Professional Guidance:
Seek advice from an experienced immigration attorney to navigate the complexities of the application process.
Accurate and Complete Documentation:
Prepare and submit accurate and complete documentation, including educational qualifications, work experience, and other required materials.
Timely Application Submission:
Adhere to application timelines and submit all required documents well before deadlines.
Clear Job Offer:
Ensure your job offer from a U.S. employer is clear, specific, and in compliance with visa requirements.
Qualification Verification:
Verify that your qualifications and credentials align with the educational and professional requirements of the chosen visa category.
Stay Informed about Visa Policies:
Stay updated on changes to immigration policies and procedures that may affect your application.
Prepare for Interviews:
If an interview is required, prepare thoroughly by anticipating potential questions and presenting yourself professionally.
Be Honest and Maintain a Consistent Story:
Ensure that all aspects of your application, including the information in your resume, cover letter, and interviews, present a consistent and truthful narrative.
Follow-Up Promptly:
Respond promptly to any requests for additional information or documentation from the U.S. embassy or consulate.
Consider Premium Processing (if applicable):
For certain visa categories, consider premium processing to expedite the adjudication process, if available.
Maintain a Positive and Professional Image:
Present yourself professionally throughout the application process, from initial interactions to interviews.
Remember that each visa category has its unique requirements, and attention to detail is crucial. Consulting with an immigration attorney for personalized guidance based on your specific circumstances is highly recommended.
Last but not least, be sure to check the caption below this video. We’ve got questionnaires for different types of visas so that we can help you determine which visa is most appropriate for you. And if you’re traveling soon, we also have a list of some of my travel favorites.