All posts by Bahar Suri

Waiver Application

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Can I travel to United States with an Offense on Record?

Do you have a Business or Leisure trip planned to the United States but have an inadmissibility issue? The immigration officer at the border can deny you entry for your inadmissibility, to overcome your inadmissibility you may eligible to apply for a US Waiver. There are many reasons you can be Denied Entry to the United States some of these include criminal inadmissibility, not having your passport on you, previous immigration violation, not having sufficient funds, admitting to illegal drug use, immigration fraud, arrest warrant, working without a work permit, having no intension to leave and many other reasons.

Reason you can be Denied Entry to United States

Criminal Inadmissibility:

One of the most common reasons travellers are denied entry to the United States is for having criminal admissibility. If you had a conviction that dates back 40 years and more you can be denied entry for the offence on record. When arriving at the border the officer can either detain to you or give you a notice of refusal entry.

Not having Passport on You:

When travelling to the United States you need to carry a valid passport that is not expired and will not expire before your expected date of departure from the United States. Therefore you must have your passport with you when driving or flying to the US.

Previous Immigration Violation

You can be denied entry for previously having violated the US immigration law such as overstaying your welcome stay as a visitor or working without a Work Permit. Therefore, you must keep in mind to exit the country before your visa expires and having a work permit if you decide to work. Not following the US immigration law can lead to severe consequences on your future trips to USA.

Not having Sufficient Funds

Depending on your length of stay in the US you have to show sufficient funds to prove you are able to support yourself during your time of stay. To demonstrate you are able to support yourself during your time of stay you can provide bank statements.

Admitted Drug Use

If you admitted publicly that you have illegally used drugs you can be denied entry even if you don’t have a criminal record. So be careful what you say publicly as someone may have recorded you and could possibly end up on your record.

Immigration Fraud

Travellers have been denied entry to US under fraudulent grounds such as using a friend or family member’s passport or forging documents to receive a waiver. Do not attempt to cross the border by fraudulent means as this can deny you entry and can ban you from the country for several years.

Arrest Warrant

If you have an arrest warrant you are considered inadmissible to US and can be refused at the border. The US immigration officer at the border informs RCMP that you attempted to cross border they will either arrest on the spot or are simply denied entry.

Working without Work Permit

If an immigration officer at the border believes you plan on working in the country they can deny you entry. Therefore, if you have plan on working in the US have a valid work permit, if you are not planning to work ensure you have sufficient supporting documents to prove your intensions are not to work in the US.

Having no Intention to leave the Country

If the immigration officer believes you have no intensions to leave the country you can be denied entry. To prove to the immigration officer you will exit the country by the end of your authorized stay is by providing supporting documents that proofs ties to your home country.

Inadmissibility on Health Grounds

An individual may be deemed inadmissible to enter Canada on health if he or she is considered to be health threat as determined by an approved panel of physicians. This means, the individual has health related issues towards a disease, sickness, illness, or infection which cannot be contained effectively, can spread to other individuals in large amounts, can spread to other individuals fairly quickly with no or little effort, once begun to spread; it will be difficult to contain; and as a result the presence of the individual could result in a case of national threat where he or she may expose the disease, sickness, illness, or infection to others.

Who can apply for a Waiver Application?

If you are considered inadmissible in to the United States, you will need to apply for waiver of inadmissibility. A waiver of inadmissibility can only be issued if you are seeking the following travel documents or have the intents of doing so:

  • If you are seeking an immigration visa in to the United States
  • If you are aiming for an adjustment of your status
  • If you want certain non-immigrant statuses
  • Or if you are seeking other certain immigration benefits

Waiver Form I-601

If any of the above mentioned bullet points apply to your situation, then you must fill out the applicable Waiver for Inadmissibility Form. The form is available online on the United States Citizenship and Immigration Services Website and can be downloaded as a PDF file. To identify the correct form for the waiver, searching using the identity Form I-601. Refer to the instruction on the website. The form has a total of 13 pages, all 13 pages must be fully completed with complete accuracy. Ensure all the information you put in to the form is correct and up to date, as incorrect and out dated information could result in your waiver application being rejected and could also potentially hinder the possibility of success in your future applications to the United States Citizenship and Immigration services. So ensure you have the latest updated form, submitting it to the correct address and signing were indicated on the form, paying the government fee. If you don’t sign the form it will be returned to you as incomplete which can delay things for you. The fee required for the waiver on inadmissibility grounds is $585. It is payable in American currency or funds.

Documents required to complete a Waiver Form

I-601, Application for Waiver of Grounds of Inadmissibility

• Form I-601 (PDF, 576 KB)

• Instructions for Form I-601 (PDF, 388 KB)

• Flowchart: Filing Certain Waivers of Inadmissibility (PDF, 579 KB)

• Form G-1145, E-Notification of Application/Petition Acceptance (PDF, 240 KB)

Waiver Application Special Instructions

If you are filing this waiver application form from a United States Citizenship and Immigration Services Lockbox Facility, then please make sure to read the important Lockbox Filling Tips online on the Citizenship and Immigration Services Website beforehand.

If you wish to be notified whether through email or a text message that your application has been accepted at a USCIC Lockbox Facility, then complete the required forms and attach them to the first page of your application.

To make sure your application is accepted, ensure the following steps:

  • Pay the correct and complete fee
  • Properly sign your form
  • Complete the entire form accurately and with up to date information, icludig your last name, your current address, and true date of birth.

Contact Akrami & Associates

For a successful waiver application to the United States Citizenship and Immigration Services, you will have to provide an abundant and sufficient amount of paperwork and documentation that will convince the immigration officer that you will obey the law while you are in the US that your reason for entry is valid, that you will respect the terms of your stay in the US, and that you will leave the US once your authorised period of stay is over. Remember, you are required to sign al your documents appropriately and legitimately when you hand them in. otherwise, Citizenship and Immigration Services will not consider these applications, and will return them back to you to fill them in properly. This will delay your application process. Contact us at Akrami and Associated today to book a consultation and determine what next steps you should take.

With Akrami & Associates there is always a way!!

What is an H1B Visa

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What-is-an-H1B-VisaWorking in the US with Specialized Skills

Are you someone that wants to move up the standings and work for big companies in the United States? But do not know if you have the right credentials to enter? We are here to assist you and give you a little information to help you get rid of any confusions you might have. The H-1B Visa is a visa that you need in order to work for specific occupations and also if your employment requires a degree or high qualification to specialize in particular fields. In this article, we will discuss about the H-1B visa and what the requirements are in order to apply in the right category of visa.

What is H-1B Visa?

There are similar permits to the H-1B visa; one of the permits that is similar to this is the TN permit. H-1B is basically a non-immigrant visa that is only issued in the United States under something that would be called “Immigration and Nationality Act”. This permits U.S. worker to provisionally hire overseas employees in field occupations. If a foreign worker with the H-1B status resigns or is terminated due to whatever reason from the subsidizing employer, the employee must both apply for and must be approved a variation of status to additional non-immigrant status since they got laid off, they will find another employer or they can leave the U.S immediately.

The period of the stay for the H1-B is 3 years, but it may be extended to six years but it cannot be over six years. The worker will be held accountable for the rational charge of the return transference if the employer dismisses the employee before the end of accredited stay. The employer will not be responsible for the transportation if he/she voluntarily chooses to resign.

How to apply for H-1B Visa?

As a Canadian citizen you cannot not apply for an H-1B. Rather, your employer will apply for an H-1B visa on your behalf. The employer plays the key role in helping the employee get the job he wants and be a professional. At first, the employer will file a Labor Condition Application (LCA) with the U.S. Department of Labor. This establishes the prevailing wage, that helps determine the minimum salary that a Canadian employee must be paid. After an employer obtains a certified LCA, the employer completes a form known as a “Petition for Nonimmigrant Worker” to the USCIS. The petition with the certified LC as well as accompanying fees and documents are then submitted to the USCIS for the purposes of processing. The entire application process takes a couple of months.

H-1B and path to permanent residency:

The H-1B visa allows individual to process two applications at the same time. You can have H-1B visa and you can also apply for permanent residence which is considered a “dual intent”. This implies that the H-1B holder can have lawful movement aim while still be the holder of the H-1B visa. When a worker with the H-1B visa travels outside of the U.S. for any reasons such as vacations or to visit family, he or she must get their visa stamped on the passport unless they have already done so for re-entry in the U.S.

H1B Visa Accompanying family members

There are many candidates who do not know what decision to make when it comes to their family. We all have responsibilities and we want our loved ones to be with us as a family. The individuals who are applying for H-1B visa can have their family accompanied with them abroad while working. The Individuals with an H-1B visa may accompany their family members with them, for example, a spouse, and children under the age of 21 to the United States under something many refer to as an “H-4” visa class. Now, there are certain conditions that have to be met to be considered eligible for this category. There are basic and simple conditions, however, if they are not met, the family members cannot accompany the principle visa holder of the H-1B visa. The conditions and requirements are listed below:

  • The “H-4” Visa holder may stay in the U.S., as along as the H-1B visa holder maintains a lawful status
  • H-4 visa holder is permitted to go to school and apply for things such as, a driver’s license, and open a depository account in the U.S.

Requirements to be eligible for H-1B

There are number of requirements that have to be assessed before the visa could be granted by the officials, the requirements are listed below:

  • Everyone must have employee/employer association with the requesting U.S. employer
  • Job must moderate as a domain occupation
  • One of the leading requirement of the H-1B visa is, that you must have a degree for the position
  • Income of the occupation

In what way do I establish that I will be paid the suitable salary?

In order to get an applicable salary, the individual must submit a Labor Condition Application (LAC) for the position. If you are currently working for a company, some of the evidence that must be shown for an appropriate wage would be:

  • most recent paystubs from your occupation.
  • most recent “W2” which would show the wages that you have received.

How to show if degree is related to the “specialty occupation?

In order to establish that the degree is related to the occupation you will need documented evidence and that must be included in your application. Documented letters from previous employers and the professionals would be sufficient enough to explain how the degree is related to the position you were given.

Contact Akrami & Associates

If you want H-1B visa and want to accompany any of your family members or if you just want to work in the United States alone as an employee and need assistance with your H-1B visa application, please do consider Akrami & Associates for all your legal needs. Our team of dedicated consultants and lawyers will take good care of you by presenting the best possible case for you and your loved ones. With Akrami and Associates there is always a way!!

Applying for L1 Visa and L1 Visa Requirements

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Applying-for-L1-Visa-and-L1-Visa-Requirements

What is a L1 Visa

Are you looking for opportunities to expand your business? Interested in working in the United States? The L1 Visa might be able to help you do that. Also known as the intra-company transferee, this Visa allows an eligible foreign worker to continue their employment in another branch of their company located in the United States.

Who is eligible to apply for L1 Visa?

 In order to apply, you must be a manager, executive, or worker with specialized knowledge who is employed by a foreign company. Note that there are specific definitions of each category; you may only apply if you meet the American definition. For example:

  • A manager refers to someone that supervises and controls the work of other employees. The L1 Visa will also accept managers of an essential function within the organization
  • An executive refers to someone that directs the organization, or someone that directs an essential component of the organization
  • A specialized knowledge worker is someone with special knowledge/skills that are specifically relevant to the services offered by the organization

Note that there is no requirement that the specialized knowledge be something that is unique; rather, it must be at an advanced level that is imperative to the smooth operation of your specific business.

L1 Visa Qualification Criteria

Other qualifications you must have in order to apply include work experience; you must have been working abroad for at least one full year within the 3 years preceding the time you apply. Your company abroad must be related to the business you will establish in the US, and both branches of the company must continue to do business after you have started your business in the United States.

If you meet this criteria, you will be able to apply for the L1 Visa. This is essentially a temporary nonimmigrant visa, which allows you to enter the US and work for the company you specified in your application.

I applied for L1 Visa can my family join me?

If you have been granted an L1 visa, your spouse will also be able to receive an L2 Visa. This is a dependent visa that allows the holder to accompany an individual with an L1 Visa to the United States. It will be valid for as long as the L1 Visa is. Furthermore, an L2 Visa holder will be able to work in the United States after they apply for and obtain an Employment Authorization Document (EAD). As an L2 Visa holder, your application for the EAD will be approved and you will be able to work part-time or full-time in any legal job in the United States. Before working, however, you will need ensure that you have received both an EAD and Social Security Number (if you did not already have one).

If you are a holder of the L1 Visa, your minor (under the age of 21) children who are unmarried will also be given an L2 Visa. However, dependent children will not be able to apply for an Employment Authorization Document (EAD) and thus cannot work in the United States.

What documents do I include in my L1 Visa application?

Proving Qualifying Relationship

Your application must demonstrate certain elements that are necessary to obtain the L1 Visa. To begin, you must prove that the new US office will have a business relationship with the foreign company you originally worked at. In other words, you must demonstrate that the new US office will be a parent, affiliate, subsidiary, or branch of the original office and that both offices will continue to share common ownership and control. This is called demonstrating a Qualifying Relationship between the two business entities. You can do this by providing additional documents that evidence the relationship between the two. This includes business licenses, article of incorporation, annual reports related to the business, contracts, corporate filings, or other documents that clearly state the business name and relationship between the two entities.

Proving Secured Office Space

The second thing you will need to demonstrate is that you have secured physical space for the new office. This can be done through a lease, purchase, etc. The amount of physical space will vary depending on the nature of the business, but an appropriate amount to safely run your business should be secured. You can prove that this physical space has been allocated by including your signed lease agreement, mortgage, business plan connecting activity and space required, or other real estate documents within your application.

Proving you Work Full Time Abroad

You also would need to demonstrate that you meet the requirement of working abroad for one full year within the last three years. You can do this by including documents such as: pay stubs, payroll records, tax returns demonstrating employment, or evidence of work products. The other requirement you will need to fulfill is the job type (managerial, executive, or specialized knowledge). You can prove your job type by including documents such as organization charts, performance reviews, resumes, organizational job descriptions, patents, or loans/financing on behalf of the company.

L1 Visa Documents

Note that there is no limit to the amount of documents you can include. In general, the more documents you include that clearly demonstrate your eligibility, the stronger your application will be. However, you will need to ensure that you submit proper documents; some documents require photocopies while others require originals. Refer to the U.S. Citizenship and Immigration Services website to confirm whether your documents are acceptable.

How long will the L1 Visa be valid for?

Your initial L1 Visa will be valid for a maximum of one year. After this point, however, you will be permitted to apply to extend your L1 Visa. These extensions can be granted at 2 year increments and you may only apply for 3 extensions. This is because the limit of extensions is 7 years.

As an L1 visa holder, you may still eventually apply for a Green Card (Permanent Residency). This is the case for most L1 holders who have expended their ability to extend their L1 Visa. You may file for an Adjustment of Status or an Immigrant Visa. Note that if this is your intention, it will not be a reason for an initial denial of your L1 Visa application.

Are there any circumstances where I would not need to apply for an L1 Visa?

Blanket Petition

If your organization has already filed for a Blanket Petition, you may not need to file for an L1 Visa. The Blanket Petition will establish the intra-company relationship before you would need to file for your individual L1 Visa. However, only certain organizations are eligible to apply for a Blanket Petition. For example, one of the criteria includes that the petitioner must have an office in the United States which has been actively doing business for one year or more as well as have three or more domestic and foreign branches. For a full list of criteria to see if you are eligible for Blanket L Certification, visit the U.S. Citizenship and Immigration Services website.

Blanket Petition Approved

If the Blanket Petition has been approved, the employer will need to send Form 129-S as well as the Blanket Petition Approval Notice to the employee for him/her to send along with just the application form for the L1 Visa. If you are a Canadian citizen, you are exempt from the L1 Visa requirement. You will only need to present the Blanket Petition Approval Notice and Form 129-S (which is to be completed by the employer) to the US Customs and Border Protection Officer to gain L1 status (after which you can work in the United States).

Contact Akrami & Associates

If you are seeking L1 status or have questions about your eligibility, consider the dedicated team at Akrami and Associates. We will be happy to assess your situation and answer further questions you may have. With Akrami and Associates, there is always a way!

I have a job offer in the US do I need a TN visa

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What is a TN Visa?

Do you have a job offer from United States and wondering which visa is right for you to apply? Most professionals from Mexico, America and Canada do not know how to get through the visa process when it comes to transferring themselves from any of these countries to work and fulfill their professional duties. Under NAFTA (North American free trade agreement) you can apply for a category called TN visa. TN Visa is created through the North American Free Trade Agreement for the sake of business and travel purposes for the three counties that are borderly well connected. Also, this agreement enables them to be able to have rapid exchange of professionals easily through a not so complicated immigration procedure. TN visa is for non-immigrants, so other individuals apart from citizen’s category are not allowed to apply as employees in the United States as foreign workers. A lot of professionals are acknowledged into the United States at the border. This particular visa is similar to another visa called an “H-1B visa”. The TN visa is most easy for professional Canadians and Mexicans to obtain, but they will not be subject to a yearly control for the H-1B visa. This article will just explain the basics of a TN visa such as what it does, what is the use of it, what the requirements are, eligibility criteria and so on.

A TN visa or as it is called a TN status is a distinctive non-immigrant category that they use in the U.S., and is inclusive to individuals of Canada and residents of Mexico. This visa basically grants any Canadian and Mexican individual the opportunity to work in each other’s countries in specific specialized professions. This visa is pretty similar to another visa in the United States that is called H-1B visa, but a little bit different from each other. With the TN visa, an Canadian citizen, and a Mexican citizen can be employed up to three years but after that the visa must be renewed.

TN Visa Eligibility

The professionals who are intending to work in any of these countries under NAFTA agreement, has to meet eligibility criteria. In order to be eligible for a TN Visa an individual must meet the requirements. Some of the requirements are listed below:

  • the individual must be a citizen
  • the occupation that they are employed under must qualify under the NAFTA regulation
  • must have a full-time or part-time job in United States
  • also must have some sort of experience or qualification in the profession that you will be undertakin

Can a Canadian citizen work in U.S. with a TN visa?

A Canadian individual may be allowed to work in U.S. if:

  • the individual qualifies under something called the “Professionals under the North American Free Trade Agreement” document
  • a citizen who is Canadian will work in U.S. for an employer
  • a Canadian citizen fits that certain criteria for that profession

There are certain jobs and occupation that is only eligible for TN visa. Some examples of those jobs that would be available on this list are:

  • Accountant: Baccalaureate of Degree
  • Computer Systems Analyst: Baccalaureate of Licenciatura Degree
  • Engineer: Baccalaureate of Liceniatura Degree
  • Librarian: M.L.S. or B.L.S

TN Visa Applying at the Port of Entry

If a Canadian wants to apply for a status and wants to apply at the U.S. Port of Entry, the individual must:

  • apply under TN category
  • show proof of Canadian citizenship
  • show proof of their employment offer
  • show some kind of document with their education, and experience from the past

After they show all required documents at the port of entry, the constable or consultant will arbitrate the application and will allow either approval or denial.

Mexican Citizens applying for TN Visa

Mexican citizen are required to obtain a visa to enter the United States as a TN nonimmigrant. As a Mexican citizen, you should apply for a TN visa directly at a consulate in Mexico or U.S. embassy. You will have to check the U.S. Department of State webpage under the “Mexican and Canadian NAFTA Professional Worker.”

Once you get approval for a TN visa, then you may apply for admission at CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station. You will have to refer to CBP’s website for additional information and requirements and to apply for admission to the United States. If a CBP officer considers you eligible for admission, then you will be admitted as a TN nonimmigrant.

How long could you remain in U.S. with your TN visa?

A TN visa or TN status should be good for three years, but this only refers to certain employees for which it was initially requested. If by any chance a company changes their employer, it will necessitate them to start the TN application from scratch. All visa’s and work permit must be renewed after a certain period of time. The TN visa would be renewed by mail within United States, or you as an individual must return to the border and present the new application to them. In certain situations the TN status may be renewable indeterminately for additional period of time.

If you wish to stay longer in the United States beyond expiry date or your initial period of stay without leaving the United States, you must seek an extension to stay. If you are an employee in the United States, your employer may file Form I-129 on your behalf. Also, as an alternative you may depart from the United States before the expiry date of your status, and after that, once you are abroad, you may apply at a CBP-designated U.S. port of entry or you can also apply at a designated pre-clearance/pre-flight inspection station. You can use the same application and documentation procedures that are required at the time of your initial application for admission.

Dependents of TN Nonimmigrants

Working in a different country does not mean that you cannot live with your loved ones. When people talk about TN visa, they assume that it can only be obtained individually and their family cannot qualify to accompany them. There is good news for people who want their family members to accompany them for as long as they are working abroad. The good news is that any accompanying or “following to join” spouse and children under the age of 21 may be eligible for TD nonimmigrant status. There are conditions for family members if they want to be considered eligible to stay together as a family while the principle visa holder is working abroad. The conditions are listed below:

  • no family member is permitted to work while in the United States, but they are permitted to study
  • family members are granted TD status for no longer than the period of time the TN visa is granted to the principal TN nonimmigrant

Benefits of TN Visa

  • There are pros and cons in having a TN visa. The Pros of a TN visa is that the visa is valid for three years and the procedure is somewhat similar to the H-B1 visa. Another plus side is that the visa is really simple to apply for unlike other work visas such as LMIA and H-B1. Another way of applying for the TN visa would be by submitting the application and documents to the USCIS.

Disadvantages of TN Visa

  • There are also some cons to this visa category. Some of the cons of TN visa are things like, it applies to specific group of professions, which will make plenty of individuals unqualified. Not everyone is as qualified individual to be able to apply under this category. Everyone must qualify with a profession under the occupational list in order to be eligible for the TN visa. Just like everywhere else in the world for the most part, a lot of professions require advance qualification like degrees or bachelor’s etc.

Contact Akrami & Associates

If you want TN visa and want to accompany any of your family members or If you just want to work in the United States alone as an employee and need assistance with your TN visa application, please do consider Akrami & Associates for all your legal needs. Our team of dedicated consultants and lawyers will take good care of you by presenting the best possible case for you and your loved ones.

With Akrami & Associates there is always a way.

Difference Between L1 Visa and H1B visa

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L-1 Visa versus H-1B Visa

The United States offers many different types of temporary worker visas in order to assist employers in acquiring personnel. Some of the visas that fall within this category include L-1A, L-1B, TN, O-1, and OPT. Two of the most requested visas are the L-1 and H-1B.

The L-1 visa is used for Intra-company Transferees. An Intra-company Transferee is a foreign national who has been working for a non-U.S. company and is applying to be transferred to a U.S. company. This U.S. company is a branch, subsidiary, or joint venture partner of the non-U.S. company.

The H-1B visa is used for Temporary Workers in Specialty Occupations. This type of applicant must meet the educational and experience requirements of one of the specialty occupations listed on Form M-746 (Dictionary of Occupational Titles). U.S. employers can hire foreign workers that meet these specifications.

The L-1 and H-1B share some similarities, so it is easy to get confused about which one to pursue.

The major similarities between the L-1 and H-1B visa are:

  • They are both temporary work visas.
  • Both of them qualify for Premium Processing.
    • U.S. businesses can expedite the processing of certain types of non-immigrant visas by paying a fee of $1,225 to the USCIS. This guarantees a 15 calendar day processing time for visa petitions and applications. The other advantage of premium processing is that companies who participate in it get dedicated phone and email access to inquire about their applications and check on their status.
  • Dual intent is possible.
    • Dual intent is an immigration term which describes an applicant who has filed for both temporary and permanent visa status simultaneously. Due to this contradiction, applicants for L-1 and H-1B visas are not required to prove strong ties to their home country. It is largely because of this allowance of dual intent that the L-1 and H-1B visa categories are so popular, as it allows applicants to work temporarily in the U.S. while awaiting a decision on their permanent residence application (Green Card).

Beyond these similarities, the L-1 and H-1B visas have quite a few differences. A potential applicant should assess these differences carefully and choose the visa that best applies to his or her situation.

Differences Between L-1 and H-1B Visas

Employer

L-1 Visa

The U.S. company filing the petition for foreign workers must be multinational or have a relationship with a foreign company. The U.S. company applying could be the parent or subsidiary of a foreign company, or possibly an affiliate or branch. The applicant for an L-1 visa must have a minimum of 1 year work experience in a preceding 3 year period as a manager, executive, or have specialized knowledge.

H-1B Visa

Any U.S. employer can file a petition for a foreign worker. They must show that they are hiring a worker in one of the listed Specialty Occupations for an H-1B visa. Foreign workers must meet certain educational and experiential requirements in order to qualify under one of the chosen occupations.

Prevailing Wage

L-1 Visa

There are no wage requirements specified for the L-1 visa. The lack of restrictions is due to the fact that the applicant is being transferred from a foreign company. Despite this, drastically lower wages can still be an issue. Therefore, wages are still expected to be reasonable.

H-1B Visa

Wage requirements are carefully regulated for the H-1B visa. The U.S. Department of Labor maintains a prevailing wage database for each of the listed Specialty Occupations. If the U.S. employer cannot offer the minimum prevailing wage, the H-1B visa petition will be rejected.

Application Cap

L-1 Visa

Currently, the L-1 Visa has no application caps in place.

H-1B Visa

There is annual application cap enforced on H-1B visas. The fiscal year begins on April 1 and the cap is set at 65,000. In recent years, this application cap has been met very quickly. For example, in the fiscal year for 2015, over 172,500 applications were received.

Exemptions to the cap are given to H-1B applicants employed by:

  • A non-profit research organization
  • A government research organization
  • An institution of higher education

Payroll

L-1 Visa

Due to the nature of the L-1 Visa, the payroll requirements are flexible. It is possible for an Intra-company Transferee to still be on a foreign payroll and only receive an allowance from the U.S. company.

H-1B Visa

In general, foreign workers on an H-1B visa are working directly for their U.S. employer. Therefore, the employer must have the H-1B visa holders on a payroll.

Duration

L-1 Visa

An L-1A visa has a maximum validity of up to 7 years, while an L-1B visa has a maximum validity of up to 5 years. It should also be noted that L-1 visa applicants who are transferring from an H visa must include that time. This means that if you were on an H-1B visa for 2 years and transferred over to an L-1A visa, you would only have 5 years left until the new L-1A visa expired.

H-1B Visa

The maximum duration of an H-1B visa is 6 years. If you transfer from an L visa to an H-1B visa, that previous time counts towards the maximum duration.

It is also possible to apply for an extension of an H-1B visa in some cases. This extension could grant the visa holder another 3 years, but must be applied for at least a year before the current H-1B visa expires.

Minimum Education Requirements

L-1 Visa

A degree is not a requirement for this type of visa. Naturally, many Intra-company Transferees do have degrees, but they do not have to be related to any predetermined specialized field.

H-1B Visa

There are strict minimum education requirements dictated by foreign workers under an H-1B visa. The occupation that the foreign worker will be performing must require at least a bachelor’s degree or higher. Furthermore, the job on offer must meet an industry standard for degree requirements, meaning that to do the duties of the job, the foreign worker must have specialized training or knowledge.

Blanket Petitions

L-1 Visa

U.S. companies can file for a blanket petition which means that multiple non-immigrant workers can be hired under one petition. In order to be eligible to file a blanket petition, the U.S. company should meet one of the following conditions:

  • Employer must have received a minimum of 10 L-1 visa approvals during the previous year
  • Employer has U.S. subsidiaries or affiliates with a combined revenue of $25 million or more
  • Company has a minimum of 1,000 employees in the U.S.

H-1B Visa

Currently, the H-1B visa does not allow the filing of blanket petitions. Only individual petitions are possible.

Family Members of Applicant Seeking Employment

L-1 Visa

One of the key advantages of the L-1 visa is that immediate family members of an L-1 visa holder may seek employment in the U.S. Immediate family would be defined as a spouse or unmarried minors dependent on the L-1 visa holder. These family members can receive an L2 visa which allows them to work legally in the U.S.

H-1B Visa

While immediate family members of an H-1B visa holder are allowed to live in the U.S. for the duration of the visa, they are not allowed to be paid employees. If they wish to work, they must apply for and obtain their own separate work visa.

Contact Akrami and Associates

As you can see, the L-1 visa and H-1B visa have quite a few differences. What visa is right for you largely depends on your background. You might want to consider these questions when considering a temporary worker application for U.S. non-immigrant status:

  • Does my education background meet the requirements of a Specialty Occupation?
  • Do I have the necessary work experience?
  • Will my immediate family accompany me to the U.S.?
  • Will my accompanying immediate family need to work?
  • How long do I want to stay in the U.S.?
  • Does my U.S. employer meet the qualifications for the type of visa I wish to apply for?

If you have more questions or are unsure how to proceed with your U.S. temporary work visa, our firm is here to help. Our team of U.S. immigration lawyers and consultants has the knowledge and skills necessary to set you on the right path. Let us help to assess which non-immigrant visa works best for you and to put together the most professional application possible.