It is the dream of many people around the world to transfer to work in the USA, but this is only possible with a sponsored position through a specific visa depending on the type of work. For permanent jobs and residence the application must be for the much valued greencard. For temporary work there are many specialized visas aimed at seasonal jobs and sports events but most people wanting to work for a few years are sponsored for an L1 or H1B visa.
The Different Purposes of the L1 and the H1B
Long term temporary work is only really available for specialty and senior management positions. If the position is a new job in a skilled position with a new company then sponsorship of an H1B visa is required. The company in America has to start the process with the offer of a position and then the legal process begins.
The L1 visa is specifically for an inter-company transfer from a foreign branch to a US location. The visa is limited to managerial and executive personnel or those with very specialized knowledge. The company has to show that there are no American people available to do the work although this seems quite simple for most skilled positions because of the specific nature of the knowledge.
The Benefits to the Holders of L1 and H1B Visas
The main benefit is that the holder is given authorization to enter the USA and work. This is a privilege that many millions of people desire but which is limited to these specialist positions and to an annual quota. The holder of these visas basically have full rights to work; multiple re-entry and to buy and sell property as a permanent resident would have - but just for a temporary period.
The visa and work permits are limited to a period of 3 years but application can be made for an extension. The L1 can be extended twice for a period of 2 years on each occasion making a total of 7 years. The H1B visa can be extended only once but for 3 years making it potentially run for 6 years in all.
The Benefits of Dependents of L1 and H1b Visas
The US Government through the USCIS have recognized that most people have a family who will want to join the visa holder during the temporary stay. The visas are designed to help family life continue during the period of authorization by providing for equal rights of stay and multiple entry; for the right to education and, in the case of an L1 visa, the right for the spouse to work.
In the case of education, the public schools are free to local residents and will be found in most areas to be of a very high quality. Colleges are also of a high standard but can be very expensive. Fortunately these visas allow college students to apply as residents and so the fees are greatly reduced compared to foreign students entering on other forms of visa.
The Visa Restrictions of L1 and H1B
Once the visa holder has integrated into the American way of life and obtained a Social Security Card Number, then there are few restrictions relative to a permanent resident. There are some exceptions which may vary from state to state such as, for example, the right to own firearms.
The main restrictions are put upon the dependents of the visa holder. The spouse and children are given inferior visas to the main holder in that they receive either an L2 or an H4 visa. Although the spouse with an L2 has the right to apply for permission to work - none of the other dependents have this right including the spouse of an H1B visa.
While in the majority of cases dependents will not want to work for the period of stay in America it can be very limiting for longer stays and when the children reach working age. In fact the only way for dependents without a work permit to obtain work is to apply, as any other adult, for permanent residency otherwise know as a greencard.
The Importance of the Social Security Number
Dependents who cannot work are also not able to obtain a Social Security Number or SSN. This number is used in most applications for services such as telephone; internet and TV and so not having one means that almost everything has to be in the name of the main visa holder.
The opportunity to live and work in the USA is one that few would turn down even with the difficulty of relocating far away from friends and family. The privilege of obtaining L1 or H1B visas should not be taken lightly anit is good to be aware of both their benefits and restrictions.
See also:
How to Relocate to the USA on an L1 and H1B Visa .
Work Permit Requirements of Dependents
Social Security Card Number Information
Dave Corby - Dave Corby is Director of Engineering Software for a large American inspection company.
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