From L Status to Green Card
 

For the categories of managers and executives in L 1 status an employment based immigrant preference category was created. This is EB-1(c) category. These are considered “priority workers” for issuing Green Card. About 40,000 annual immigrant visas are allotted to this preference category. A labor certificate is not necessary for an EB-1 (c) alien petitioner. L1 holders can also apply for green cards under family based immigration.

L-1 and H1B visas

There are a number of differences between L1 and H1 visa programs. An L-1 must be an intra-company transferee, that is, an applicant should be an employee of a multi-national company abroad and must have served at least one year in the last three years. Whereas, it enough if H1B beneficiary is in a specialty occupation. He should have a narrow range of study at bachelor’s degree level or above. But in order to qualify for L1 it is enough if someone has reached a level of specific company expertise, irrespective of the fact that a person has a bachelor’s degree.

Another important feature of L-1 petitions is that they do not insist on prevailing wage requirement. On the other hand, H-1B petitions require that the position should be offered at the prevailing wage or the actual wage at the employer’s workplace; whichever is higher.

H-4 dependents are prohibited from working, unlike for L-1 dependents. Further, L-1 employees never have to show that qualified US workers are unavailable, whereas H1B dependent businesses must make attestations on the availability of Labor Condition Application. H-1B visa documentation requires Labor Condition Application (LCA) from the Department of Labor (DOL). There is no DOL involvement in the L-1 petition; it’s enough just to submit key corporate documents to verify that both the business entities abroad and in the US exist.

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