Breaking Update: The U.S. government has introduced a $100,000 filing fee for new H-1B petitions. Learn about possible exemptions and the most effective strategies to navigate this major change with guidance from the immigration attorneys at Green Card Link.
When considering U.S. work visa options, the L-1 and H-1B visas are two of the most commonly compared categories. The L-1 visa is designed for multinational companies transferring employees from their foreign offices to a U.S. branch. In contrast, the H-1B visa allows U.S. employers to hire foreign professionals for specialized roles that require specific academic or technical expertise.
Key Comparison Overview
- L-1 Visa Eligibility:
Applicants must hold a managerial, executive, or specialized knowledge role within a multinational company. A degree is not required, but the employee must have worked for the company abroad for at least one continuous year. - H-1B Visa Eligibility:
Applicants must hold at least a bachelor’s degree (or its equivalent) in a related specialty field. The position must qualify as a “specialty occupation,” meaning it demands theoretical or practical knowledge in a specific area. - Availability:
L-1 visas have no annual cap and can be filed any time of the year. H-1B visas are subject to a strict annual lottery, making them significantly more competitive. - Family Benefits:
L-1 visa holders’ spouses automatically qualify for work authorization, while H-1B spouses face tighter employment restrictions. - Flexibility:
The H-1B visa provides greater mobility, allowing the employee to change employers within the U.S., while L-1 visas are limited to intra-company transfers.
In summary, the L-1 visa best suits employees transferring within global organizations, while the H-1B visa is ideal for professionals seeking career flexibility in U.S. companies.
L-1 and H-1B Visa Overview
Brief Introduction
The L-1 visa, also known as the intra-company transferee visa, enables multinational corporations to move qualified personnel—executives, managers, or individuals with specialized company knowledge—from their overseas offices to U.S. branches.
Similarly, the H-1B visa permits foreign nationals to work in the U.S. for positions requiring specialized academic or technical expertise. Eligible fields include:
- Engineering
- Medicine
- Science
- Mathematics
- Architecture
- Information Technology
Applicants may need to provide evidence that their educational background aligns with the offered position. This can include:
- A detailed explanation connecting job duties to academic training
- Expert statements confirming the relevance of the degree
- Independent references demonstrating the link between degree and industry standards
Both the L-1 and H-1B visas are considered dual-intent visas, meaning applicants can legally pursue a U.S. green card while maintaining their nonimmigrant status.
If you have been selected in the 2026–2027 H-1B lottery, contact the immigration attorneys at Green Card Link for step-by-step filing support.
L-1 vs. H-1B: Major Differences
1. Educational Requirements
The H-1B visa requires applicants to hold a bachelor’s degree or higher (or equivalent work experience) in a related field. The degree must directly correspond to the position offered. For example, a degree in Marine Biology would not typically qualify for an H-1B position in Mechanical Engineering.
In contrast, L-1 visas have no degree requirement. Instead, eligibility depends on the applicant’s managerial or executive status or possession of specialized knowledge about the company’s proprietary processes, technology, or operations.
Update: A new $100,000 fee applies to new H-1B petitions. This policy could significantly impact both employers and prospective foreign employees.
Consult Green Card Link for professional guidance on exemptions and compliance strategies.
2. Employer Eligibility
Only multinational organizations can sponsor L-1 visas. The employee must have worked for the same company abroad for at least one year within the past three years. If this requirement is not met, or the company lacks international operations, the L-1 visa is not applicable.
In contrast, any U.S. employer can sponsor an H-1B visa provided the position qualifies as a specialty occupation. Once approved, the visa holder may only work for the sponsoring employer, unless a formal transfer (H-1B portability) is approved.
3. Maximum Duration of Stay
Visa duration is another major distinction:
Visa Type | Maximum Duration |
L-1A | 7 years |
L-1B | 5 years |
H-1B | 6 years |
If the visa holder has previously spent time in the U.S. under an H or L visa, that time counts toward the maximum period. L-1 visas cannot be extended beyond these limits. However, H-1B holders may extend their stay beyond six years if they have reached certain stages in the green card process.
Consult the immigration attorneys at Green Card Link to understand the documentation and timing required for lawful extensions.
4. Annual Visa Limitations
Another key difference is the annual visa cap.
There is no quota for L-1 visas, making them available year-round—a significant advantage for multinational companies planning internal transfers.
However, H-1B visas are subject to an annual cap:
- 65,000 for the regular cap
- An additional 20,000 for applicants with U.S. master’s degrees or higher
Certain organizations, such as nonprofit research institutions or government research entities, may qualify for cap exemptions, offering more flexibility in filing.
If you are preparing for the upcoming H-1B lottery cycle, the immigration attorneys at Green Card Link can help you maximize your chances of success.
L-1 Visa vs. H-1B Visa: Key Benefits and Differences
Spousal Employment Authorization
One of the biggest advantages of the L-1 visa is that the spouse of an L-1 visa holder automatically receives work authorization through the L-2 visa. This means that your spouse can legally work anywhere in the United States without additional approval steps.
By comparison, spouses of H-1B visa holders must apply for work authorization under an H-4 visa. This process is not automatic. To qualify, the H-1B visa holder must have an approved Form I-140 (Immigrant Petition for Alien Worker) or have received an extension of their H-1B status beyond the standard six-year limit under the American Competitiveness in the Twenty-First Century Act (AC21).
If that I-140 petition is later withdrawn, revoked, or denied, the H-4 visa holder loses eligibility to renew their Employment Authorization Document (EAD) unless another I-140 is approved for the principal visa holder.
Additionally, L-1 visas are not subject to prevailing wage requirements, which are typically set by the State Employment Security Agency based on job duties, required skills, and experience level. This flexibility can be advantageous for employers and employees alike, as H-1B visa holders must always be paid at least the prevailing or actual wage—whichever is higher.
No Department of Labor Certification Needed
Employers sponsoring L-1 visa applicants are not required to file a Labor Condition Application (LCA) with the Department of Labor—a necessary step in the H-1B process. The LCA is designed to prove there are no available U.S. workers for the job role and to protect domestic labor conditions.
This additional step can be both time-consuming and costly for employers. To secure an LCA, an H-1B employer must make four key attestations:
- The foreign worker will be paid the prevailing wage.
- Existing employees have been notified of the hiring intent.
- Hiring the foreign worker will not negatively impact current employees’ working conditions.
- No strike or lockout exists at the job location.
With the L-1 visa, employers can avoid this administrative burden entirely.
If you have recently been selected in the 2025–2026 H-1B lottery, the immigration attorneys at Green Card Link can guide you through every stage of your H-1B petition filing with efficiency and care.
Opening a New U.S. Branch or Office
A distinct advantage of the L-1A visa is that it allows executives and managers to come to the United States to establish a new branch, office, or subsidiary of their foreign company. Once the new office is operational, L-1B visa holders—employees with specialized knowledge—can also be transferred to support its continued growth and operations.
This option makes the L-1 category particularly attractive for international companies expanding into the U.S. market.
L-1 Blanket Petitions for Large Corporations
For multinational corporations frequently transferring employees between the U.S. and abroad, the L-1 blanket petition process offers a faster and more cost-effective solution.
To qualify, the employer must meet one of the following:
- Have received at least 10 L-1 approvals within the past year
- Maintain U.S. subsidiaries or affiliates generating at least $25 million in annual revenue, or
- Employ at least 1,000 workers in the United States
Recap: Top Advantages of the L-1 Visa Over the H-1B Visa
- No annual numerical cap on L-1 visas
- No specific educational degree required
- Automatic employment authorization for spouses (L-2 visa)
- No Labor Condition Application requirement
- Longer maximum stay for L-1A executives and managers (up to seven years, compared to six for H-1B)
Advantages of the H-1B Visa Over the L-1 Visa
Opportunity for Extensions Beyond Six Years
While both visas are temporary, H-1B visa holders may qualify for extensions beyond the six-year limit if they have initiated the green card process. Specifically:
- One-year extensions are available if a PERM Labor Certification or Form I-140 was filed at least 365 days before the six-year mark.
- Three-year extensions are available for those with an approved I-140 but a backlogged priority date preventing adjustment of status.
This flexibility is not available under the L-1 visa.
No Multinational Requirement
Unlike the L-1 visa, which requires intra-company employment abroad, the H-1B visa can be sponsored by any U.S. employer, regardless of whether they have international operations. The role must simply qualify as a specialty occupation requiring a bachelor’s degree or higher.
Broader Range of Eligible Positions
L-1 visas are reserved for executives, managers, or employees with specialized knowledge. In contrast, H-1B visa holders can occupy a wide range of specialty positions—from engineers and data analysts to accountants and software developers—so long as the role demands a professional degree and relevant expertise.
No Prior Employment Requirement
To qualify for an L-1 visa, the applicant must have worked for the sponsoring company abroad for at least one continuous year within the previous three years. H-1B visas do not carry this requirement, allowing you to work for a completely new U.S. employer.
Ability to Work for Multiple Employers
H-1B visa holders can file multiple petitions to work part-time for different employers and may transfer their visa sponsorship freely during their authorized stay. Conversely, L-1 visa holders must remain with the sponsoring multinational employer that facilitated their visa.
If you are selected in the 2026–2027 H-1B lottery, contact the immigration attorneys at Green Card Link for experienced legal support throughout your petition process.
Switching Between the L-1 and H-1B Visas
If your career goals change, you may wish to switch from one visa to the other. While moving from an H-1B to an L-1 is less common—since it requires a prior year of employment with the company abroad—many professionals choose to transition from an L-1 to an H-1B for greater flexibility or the ability to work for a new employer.
To change from L-1 to H-1B status, you’ll need:
- A U.S. employer willing to sponsor your H-1B petition
- A related bachelor’s degree that matches your job field
- A qualifying specialty occupation
If the employer is cap-subject, your petition must be submitted during the lottery window in April, and you can begin work on October 1st. Cap-exempt employers, however, allow you to begin working immediately once the Form I-129 is approved.
Because the U.S. Citizenship and Immigration Services (USCIS) closely reviews specialty occupation cases, it’s wise to consult the immigration attorneys at Green Card Link to ensure your petition meets all eligibility criteria.
How Green Card Link Can Help
Both L-1 and H-1B visas allow for dual intent, meaning you can pursue permanent residency while maintaining your temporary work status. Each visa offers distinct advantages depending on your career path, employer type, and long-term immigration goals.
At Green Card Link, our experienced immigration attorneys provide comprehensive support for individuals and employers navigating the complexities of these visa categories. We help you evaluate which visa best fits your goals, prepare strong petitions, and streamline every stage of the process toward permanent residency.