Published on August 31, 2026 · 8 min read

Last modified: August 31, 2026

Key takeaways

    • The L-1 visa has no annual cap or lottery, unlike H-1B, and isn't subject to the new $100,000 H-1B fee.

    • L-1A (executives and managers) allows stays up to 7 years; L-1B (specialized knowledge) allows up to 5 years.

    • L-1A executives and managers generally have a more direct path to a green card, through the EB-1C category, than most other work visa holders.

What Is an L-1 Visa?

An "L-1 visa" lets a company transfer an employee from one of its offices abroad to a related office in the U.S. That related office can be a parent company, subsidiary, branch, or affiliate. It's built for internal transfers within a multinational organization, not for hiring someone new off the open job market.

Basic Eligibility at a Glance

To qualify, the employee generally must have worked for the foreign company continuously for at least 1 year within the 3 years before the transfer. According to USCIS, the U.S. and foreign entities also need a genuine "qualifying relationship." That means one owns and controls the other, or both are owned and controlled by the same parent company.

L-1A vs. L-1B: Executive, Manager, or Specialized Knowledge?

L-1A covers executives and managers moving to the U.S. office. L-1B covers employees with "specialized knowledge." That means an advanced or company-specific understanding of the company's products, services, research, or procedures, uncommon among other workers in the field.

How Long Each Status Lasts

The two categories carry different maximum stays. L-1A status can run up to 7 years total, including an initial period plus extensions. L-1B status tops out at 5 years. Neither can be extended past that limit, no matter how the business need changes. That surprises some employers mid-assignment.

What Counts as Specialized Knowledge

According to USCIS's L-1B guidance, specialized knowledge is evaluated case by case. A job title alone doesn't establish it. USCIS looks at whether the knowledge is truly uncommon and hard to hand off to another employee quickly.

Who Qualifies for an L-1 Visa?

Three things generally have to be true:

    • The employee worked abroad for the qualifying company for at least 1 continuous year within the 3 years immediately before the transfer (or before starting U.S. employment, for someone already working in the U.S. in another status).

    • The U.S. and foreign entities have a qualifying corporate relationship: parent, subsidiary, branch, or affiliate, as defined in USCIS's Policy Manual.

    • The role in the U.S. is genuinely executive, managerial, or specialized-knowledge work, not just a senior-sounding title for different day-to-day work.

USCIS typically looks hardest at that last point, especially for L-1B specialized-knowledge cases, since it's the most subjective of the three. If you're not sure where you stand, Marble's eligibility calculator can help you explore this and other visa options in a few minutes.

L-1 vs. H-1B: Which Should You Choose?

For most multinational transfers, L-1 and H-1B solve different problems. L-1 moves an existing employee within the same company. H-1B hires new talent, often someone the company hasn't already employed abroad, into a "specialty occupation" role requiring at least a bachelor's degree.

L-1H-1B
Annual cap or lotteryNone. Can be filed year-round based on business needCapped at 65,000 regular slots plus 20,000 for U.S. advanced-degree holders, allocated by random lottery
$100,000 fee (2025 proclamation)Does not applyApplies to many new petitions as of late 2025
Dual intent (can pursue a green card while on the visa)YesYes
Underlying requirement1 year of employment at a related foreign companyA qualifying job offer in a specialty occupation
Best fit forTransferring an existing employee within the companyHiring talent the company hasn't already employed abroad

The $100,000 H-1B Fee, Explained

The fee difference is the newest wrinkle. A presidential proclamation published in the Federal Register made this change in September 2025. H-1B entry is now restricted unless the petition includes a $100,000 payment. USCIS has since clarified some exceptions. The proclamation's text applies specifically to H-1B specialty-occupation workers and does not mention the L-1 category.


This fee has been through several rounds of litigation since it took effect. A federal court struck it down in mid-2026, and an appeals court has since kept it blocked while the case remains active. Confirm the current status with USCIS or an immigration attorney before relying on it.

No Cap, No Lottery

L-1 has no annual cap or lottery. That means it doesn't carry H-1B's biggest scheduling risk: missing the registration window, or losing the random selection process in a given year.

How Many People Actually Use Each?

L-1 is a much smaller program than H-1B. The State Department issued roughly 71,800 L-1 visas in FY2024. USCIS approved roughly 400,000 H-1B petitions that same year, according to analyses of government data from Pew Research and USAFacts. The two figures aren't counted the same way: visa issuances versus petition approvals. But the scale gap holds regardless. That gap is about who qualifies, not about which visa is the better choice. L-1 only works if you already have a qualifying job at a multinational company abroad. H-1B draws from a far larger pool of outside hires.

Opening a New Office on an L-1 Visa

Not every L-1 transfer is into an established U.S. office. If the U.S. entity has been doing business for less than 1 year, USCIS treats it as a "new office" petition. The requirements then get more specific.

What You Need to File

In addition to the standard eligibility criteria, a new-office petition generally needs:

    • Evidence of enough physical space to run the business

    • Proof the foreign entity has been operating for at least a year

    • A business plan showing realistic staffing and revenue projections

That plan needs to show specifically how the U.S. office will grow enough within a year to support an executive, managerial, or specialized-knowledge position.

Approval Period and Extensions

New-office petitions are also approved for a shorter initial period, typically 1 year, rather than the longer period available to established offices. Extending beyond that first year generally requires evidence that the office is now operating. USCIS also wants to see real progress toward the plan submitted with the original petition. Thin documentation here commonly leads to a request for more evidence. That's why the business plan is worth treating as a real part of the filing, not a formality.

Can an L-1 Visa Lead to a Green Card?

Yes, though the path looks different depending on whether someone holds L-1A or L-1B status.

L-1A's Path: EB-1C

L-1A executives and managers are generally well positioned for the EB-1C immigrant visa category, reserved for multinational managers and executives. EB-1C petitions typically skip the labor certification ("PERM") process that most employment-based green card categories require. That usually makes the process faster than the other routes.

L-1B's Longer Path

L-1B specialized-knowledge workers don't have a matching dedicated category. Most pursue a green card through EB-2 or EB-3, which generally does require labor certification. That's a longer, more document-heavy process. Whether an L-1B holder has a faster option depends heavily on the specific role and qualifications. That's a conversation worth having with an attorney early, rather than waiting until the L-1 clock is running out.

Federal Variation Note

L-1 and H-1B are both federal immigration categories, so the core eligibility rules apply the same way nationwide. There's no state-by-state version of L-1 eligibility, the way there is in family law. That said, practical variation still shows up. Processing times differ by USCIS service center and by consulate for visa stamping abroad. Requirements for "new office" petitions can also be affected by state-level business registration steps where the U.S. entity is incorporated. Always confirm current processing times and local consular practices before setting a transfer timeline.

How an Immigration Lawyer Can Help

An immigration attorney reviewing an L-1 case typically does more than fill out forms. They assess whether the U.S. and foreign entities' corporate structure actually meets USCIS's "qualifying relationship" definition. They help document why a role is truly executive, managerial, or specialized-knowledge, rather than just senior-sounding. And they build the evidence package USCIS expects for new-office petitions. For a company choosing between L-1 and H-1B for a given hire, an attorney can model out realistic costs and timelines for both routes. That should happen before a petition is filed. It should also account for the current status of the $100,000 H-1B fee, since that changes the cost comparison directly.

Final Thoughts

L-1 and H-1B solve different problems. One moves an existing employee within the company; the other hires new talent from outside it. Still, for a company that already employs someone abroad, L-1 is worth a serious look before defaulting to H-1B. It has no cap or lottery, and currently isn't subject to the $100,000 fee. Considering an L-1 intracompany transfer? An immigration attorney with Marble can assess your case and help you weigh it against other work visa options, including H-1B, if that's still on the table. Immigration cases with Marble are priced fixed per step. You'll know the cost of that comparison upfront, with no hourly billing added on top of whatever USCIS and the government already charge.

Frequently Asked Questions

Disclaimer: Immigration laws and procedures can change and vary based on individual circumstances. This article provides general information and should not be considered legal advice for your specific situation. For personalized guidance, consult with an attorney.

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