Convert your L-1 Visa
In recognizing the various attachments an employee may have with her employer, current United States Immigration law allows for a skilled worker with specialized knowledge to enter and remain in the country on a limited basis. However, an established worker currently in the U.S. through a particular employment-based visa will find it advantageous to convert her visa to another for a variety of reasons. The law permits such conversions with one conversion, an L-1 to an H-1B, being a popular option that opens the doors to talented individuals who seek more than what is offered to them by their employer.
A key difference between these two types of visa is the required attachment to an organization. To be eligible under an L-1 petition, the applicant must transfer within their current employer to its U.S. operation. Under an H-1B, however, any U.S based employer can hire a worker, avoiding the employment requirement of an L-1. Since it is understandably easier on the foreign individual to enter through an L-1 due to the existing employment requirement, an individual wishing to enjoy the benefits of an H-1B may convert their L-1 when looking to pursue work through a different organization.
The conversion process is relatively simple and carries a variety of beneficial implications for the applicant. For one, a worker may choose to leave the company to which she originally attached for others. This is possible given that the worker has since established herself and has possibly made new business and professional connections that may provide more lucrative opportunities in the future. Additionally, the job search required for an H-1B becomes much easier now that the applicant has an understanding of the U.S. job market for her particular field.
A perk of the L-1 visa, the “dual-intent”, permits an applicant working for a U.S. operation of their employer to later apply for permanent residency. Because the H-1B visa permits the same “intent”, an applicant originally in the U.S. under an L-1 visa need not worry about losing this perk. As such, the convenience and implications of the conversion process leaves only benefits to the applicant, which even if unrealized, do not change any current arrangements she may have.
If you have any questions, the team here at Buda Law Group will gladly answer them. Please reach out to us to find out more or get a competitive quote on our legal immigration services.
Thank You,
John B. Buda, Esq. www.budalawgroup.net office: 310-452-1872 john.buda@budalawgroup.net 3301 Ocean Park Blvd. Suite 205 Santa Monica, CA 90405