Are L1 visa holders exempted from labour certification process?

Question

What is the benefit of having -L1A visa over H1-B with respect to application for Green Card? Is the person with L1-A visa exempted the process of labour certification? Is the process smoothe and faster?

Answer 1

A few advantages that I think L1 has over H1.

Application:

L1A - no cap-limit and hence can be applied for anytime

H1B - subject to cap-limit

Period of stay:

L1A - Maximum limit of 7 years

H1B - Maximum limit of 6 years

Family:

L1A - spouse on L2 can work after getting EAD

H1B - spouse on H4 cannot work

 

LCA:

As far as I know, LCA is not required for L1A petitions.

 

Process:

I think, the L1 petitions are scrutinized more than H1 petitions by USCIS.

L-1A Intracompany Transferee Executive or Manager

Comments

To add to the above list
L1: Employer is not legally bound to pay you prevailing rate, hence there is no LCA certification need.
H1: You need LCA approval, and the prevailing wage.

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Green card Process is Five times or even more quicker in L1A compared to H1B

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Green card process might be fast, but the merit on which a green card is given remains the same. Hence it will hardly make a difference.
Moreover H1B is a dual intent visa, so if during a stamping or entry if the VO /POE officer feels you might immigrate for long term he cant deny the visa on that pretext, which is highly possible in L1A.
H1B visaholders get the prevailing wage, L1A gets far less than that, so consider your options befre deciding on anything.

Answer 2

L1A is the best compared to H1B if you are interested in processing the green card.

Thanks

Vivek