Does the L-1B need to demonstrate a competitive salary?

No, not in the same way as other visas. The L-1B does not impose a formal requirement to demonstrate a competitive salary or a prevailing wage set by the Department of Labor, as the H-1B does. The L-1B analysis focuses on the specialized knowledge of the professional and the legitimacy of the relationship between the overseas company and the branch or subsidiary in the United States.

This does not mean that salary is irrelevant. Compensation must be consistent with the duties and responsibilities of the position, because an offer well below a reasonable level can raise doubts about the authenticity of the role and the relationship between the entities.

• There is no formal prevailing wage requirement as there is with the H-1B.
• The focus is on the employee’s specialization and the corporate relationship.
• Even so, the salary must be coherent with the position offered.

Since the reasonableness of the compensation factors into the case evaluation, it is advisable to verify current requirements with USCIS and align the offer structure with a specialist before filing.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.