From: veit@Unify.com (Veit Irtenkauf) Newsgroups: alt.visa.us Subject: H1 vs. L1 Message-ID: Date: 12 Aug 92 01:48:54 GMT The following question about H1 vs. L1 came up between Perry Clarke and me. Since we both aren't 100% sure what the difference is, I post this to the net, hopefullt someone out there knows the exact answer. > > Veit, > > I forgot to say that the reason I got a H-1 instead of a L-1 is that I had > not worked for Unify before we applied for the visa. H-1 is for coming to > the US to join a new company, L-1 is for transfering into the US while still > working for the same company (as I understand it). Our company lawyer explained it a bit differently to me. He said that H-1 is for technicians whereas L-1 is for technically oriented managers. You have to prove management experience and you have to be hired for a management position to get an L-1 visa. Legally, I worked for the German subsidiary before and not for Unify Corp., these are different legal entities, therefore I would have had to apply for an H1 also, according to your definition. BTW: Is there someone out there having experience how easy/difficult it is to get a green card, if you had a L1 or H1 visa before. Our lawyer said that it might be more difficult to get a green card, if someone hold a L1 visa before than it is for an H1 visa bearer. He couldn't explain the exact difference. Is this true? -- Veit ----------------------------------------------------------------------- Veit Irtenkauf Technical Marketing Manager | email: veit@unify.Com Unify Corporation | voice: (916) 928-6322 3901 Lennane Drive, Sacramento, CA 95834-1922 | fax: (916) 928-6406 From: lucy@beaufort.sfu.ca (Lucy Chan) Newsgroups: alt.visa.us Subject: Re: H1 vs. L1 Message-ID: Date: 12 Aug 92 04:28:31 GMT veit@Unify.com (Veit Irtenkauf) writes: >> I forgot to say that the reason I got a H-1 instead of a L-1 is that I had >> not worked for Unify before we applied for the visa. H-1 is for coming to >> the US to join a new company, L-1 is for transfering into the US while still >> working for the same company (as I understand it). >Our company lawyer explained it a bit differently to me. He said that >H-1 is for technicians whereas L-1 is for technically oriented managers. >You have to prove management experience and you have to be hired for a >management position to get an L-1 visa. Legally, I worked for the >German subsidiary before and not for Unify Corp., these are different legal >entities, therefore I would have had to apply for an H1 also, according to >your definition. >From a document that I received from the INS: L-1 INTRACOMPANY TRANSFERREE VISA An alien may be transferred to an existing, or to establish, a company in the United States which is the parent, subsidiary, or affiliated with a foreign company. The person being transferred must have been employed with the foreign company for at least the immediate prior year. The alien must have been employed in a position which is managerial, executive, or required specialized knowledge of a proprietary nature which is required for the efficient operation of the company. The position the alien is coming to in the U.S. must also be managerial, executive, or require specialized knowledge as indicated above. The foreign parent, subsidiary, or affiliated company must remain in operation while the alien is in the United States. That is, aliens cannot be transferred to the U.S. Company to close or relocate the foreign branch. An L-1 intracompany transferree need not be employed in the U.S. on a full-time basis, and may alternate duties in the U.S. and Canada. [Note: the document I received is about visas obtained under the U.S.-Canada Free Trade Agreement.] However, the transferree must be involved in productive duties in the U.s. A person may not merely participate in meetings, conferences, or training and qualify for intracompany classification. From: stella@gandalf.rutgers.edu (Ricky "Suave" Stella) Newsgroups: alt.visa.us Subject: Re: H1 vs. L1 Message-ID: Date: 13 Aug 92 15:40:30 GMT veit@Unify.com (Veit Irtenkauf) writes: >The following question about H1 vs. L1 came up between Perry Clarke and me. >Since we both aren't 100% sure what the difference is, I post this to the net, >hopefullt someone out there knows the exact answer. >> >> Veit, >> >> I forgot to say that the reason I got a H-1 instead of a L-1 is that I had >> not worked for Unify before we applied for the visa. H-1 is for coming to >> the US to join a new company, L-1 is for transfering into the US while still >> working for the same company (as I understand it). >Our company lawyer explained it a bit differently to me. He said that >H-1 is for technicians whereas L-1 is for technically oriented managers. >You have to prove management experience and you have to be hired for a >management position to get an L-1 visa. Legally, I worked for the >German subsidiary before and not for Unify Corp., these are different legal >entities, therefore I would have had to apply for an H1 also, according to >your definition. WRONG. An L-1 visa is for company temporary transferee. That is, if you work for an international corporation and at a managerial level, and one of the US subsidiearies needs you, then the other country subsidiary will transfer you temporarily to the US. For this the company will apply for an L-1 visa. The L-1 visa is given for 2 years and then it can be renewed. It's only good to work at the company you were transfered to. The relatives of the L-1 visa holder receive an L-2 visa. The L-2 visa does not allow the holder to work AT ALL. (you can go to school/university and you don't need an I-20). >BTW: Is there someone out there having experience how easy/difficult it >is to get a green card, if you had a L1 or H1 visa before. Our lawyer >said that it might be more difficult to get a green card, if someone >hold a L1 visa before than it is for an H1 visa bearer. He couldn't >explain the exact difference. Is this true? It depends.... the process is exactly the same for both. The reason for the H-1 to be easier is that on an L-1 visa you are still working for you own country, so that company would not like you to leave. Also, most international companies will not sponsor you in that case because "they are stealling an employer from one of it's own subsidiaries" (IBM's case). Still both have to go thru the labor certification, due to the new Immigration Act. But technically the process would be exactly the same. DISCALAIMER: This are only my own opinions and views... -- --------------------------------------------------------------------------- Ricardo Stella stella@gandalf.rutgers.edu RUCS-US Manager - IML-SERC stella@remus.rutgers.edu Hill 118 - (908)932-2491 ...suave... Rutgers University, NJ