Often, foreign professionals find themselves in the United States on an L-1 visa, weighing the pros of converting to an H-1B visa for its multitude of benefits. Having an L-1 visa can be highly advantageous if you work for a multinational company; however, circumstances may require you to change your status from an L-1 visa to an H-1B visa. The two visas share some similarities, but there are distinct differences that might make one better for your situation over the other.
L-1 Visa to H-1B Visa Change of Status
Transitioning from L-1 to H-1B change of status is not all that complicated. Once you find an employer to sponsor you on an H-1B visa, the process is relatively straightforward for an L-1 to H-1B change of status (COS).
The important thing to remember is that there is no special process for converting your status from L-1a or L-1B to H-1B. You will essentially be filing for an H-1B from scratch. The only difference will be that you are already in the U.S., so if your petition is approved, you may not need to go through a consular interview and can instead automatically change your status.
How to Change Status
- The L-1 visa holder receives a job offer from a new H-1B employer.
- New H-1B applicants are registered in the H-1B lottery, unless the employer is an exempt organization such as an institution of higher education, a non-profit that is associated with an institution of higher education, or a governmental research center. If possible, it is good to get a job offer from an employer that falls into one of these cap-exempt categories to avoid the competitive H-1B lottery.
- If the registration is accepted, the H-1B employer submits a Labor Condition Application with the Department of Labor (requires certification).
- After LCA certification, the employer needs to submit Form I-129 in addition to the certified Labor Condition Application, supporting documents, and filing fees.
- Assuming the H-1B visa petition gets approved, you (the employee) can start working on or after October 1st, and your status will be automatically updated.
L-1 Visa Requirements
The L-1 is a temporary work visa that is meant for the transfer of employees from a multinational company’s foreign branch to a location in the U.S. There are two types of L-1 visas, both of which may be suitable for a change of status to an H-1B.
For L-1A Visa (Managers and Executives):
- Employee must have been working for the foreign company for at least one continuous year within the three years preceding the L-1 visa application.
- U.S. and foreign companies must have a qualifying relationship, such as parent and subsidiary, branch, or affiliate.
- Employee must be coming to the U.S. to work in a managerial or executive capacity.
- U.S. company must have a physical office or location in the U.S.
For L-1B Visa (Employees with Specialized Knowledge):
- Employee must have been working for the foreign company for at least one continuous year within the three years preceding the L-1 visa application.
- U.S. and foreign companies must have a qualifying relationship, such as parent and subsidiary, branch, or affiliate.
- Employee must possess specialized knowledge that is not readily available in the U.S. labor market.
- U.S. company must have a physical office or location in the U.S.
If you are selected in the H-1B visa lottery, contact VisaNation attorneys for filing your H-1B petition.
H-1B Requirements
The H-1B, on the other hand, is not limited to multinational companies, which is what makes it such a popular visa option.
- Job Offer – Applicant must have a job offer from a U.S. employer for a position that qualifies as a specialty occupation.
- Specialty Occupation and Education – The position must require specialized knowledge and a minimum of a bachelor’s degree or equivalent work experience in a related field.
- Education – The applicant must possess at least a bachelor’s degree or its equivalent work experience in the specific field related to the H-1B job.
- Employer–Employee Relationship – There must be a valid employer-employee relationship between the petitioner (U.S. employer) and the beneficiary (H-1B visa applicant).
- Labor Condition Application (LCA) – The U.S. employer must file an LCA with the Department of Labor, attesting to compliance with labor standards and prevailing wage requirements.
- Wage Requirements – The employer must agree to pay the H-1B visa holder the prevailing wage for the specific occupation in the geographic area where the work will be performed.
Can You Change Your L-1 to an H-1B With the Same Employer?
As long as your L-1 employer is considered a U.S. employer and can offer you a specialized position, the employer should be able to sponsor you for an H-1B. You need a bachelor’s degree that is related to the specialized H-1B job.
Not all L-1 positions qualify you for an H-1B. Be sure to have your immigration attorney review your case and determine whether or not your position qualifies.
Similarities and Differences Between L-1 and H-1B Visas
|
|
L-1 |
H-1B |
|
Visa Validity Period |
7 years for L-1A, 5 years for L-1B |
6 years, plus additional extensions for those with green card sponsorship. |
|
Annual Cap |
No annual Cap |
Annual cap with competitive wage-weighted lottery |
|
Dependents |
Spouses have work authorization incident to status |
Spouse can apply for work permit (EAD) only if the H-1B holder has approved I-140. |
|
Dual Intent |
The L-1 visa is dual intent |
The H-1B visa is also dual intent |
|
Portability |
Generally tied to the same employer (intercompany transfer). |
Allows switching to a new employer relatively easily. |
|
Blanket petitioning |
Allows for blanket petitions |
Does not allow for blanket petitions. |
|
Labor Certification |
No LCA required with the Department of Labor. |
Requires a certified Labor Condition Application (LCA). |
Both L-1 and H-1B are temporary (non-immigrant) visas that allow dual intent, meaning the foreign worker does not need to demonstrate ties to the home country or jeopardize their visa status by filing for a green card.
They both are available for premium processing. The premium processing fee is $2,805, increasing to $2,965 on March 1, 2026. USCIS guarantees that premium processing cases will be handled within 15 business days.
In contrast with the H-1B, the spouse of an L-1 visa holder (L-2) receives automatic work authorization, as it is “incident to status.” In contrast, relatives of H visa holders may be eligible to get an EAD only if their spouse is the beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker.
Selected in the H-1B visa lottery? Contact VisaNation attorneys for filing your H-1B petition.
L-1 to H-1B Cap Exempt Status
One disadvantage of the H-1B is that it is subject to the annual cap and lottery. However, not all H-1B petitions fall under this cap. H-1B transfers and extensions are cap-exempt, and so are petitions filed for certain cap-exempt employers. Three types of employers are not subject to the cap:
- Institutions of higher education
- Non-profit organizations that are associated with institutions of higher education, and
- Nonprofit Research Organizations or Governmental Research Organizations
Can you go from L-1B to H-1B Without Lottery?
Yes, it is possible to go from an L-1B Visa to an H-1B without participating in the H-1B Lottery. However, this is only possible when the role is sponsored by a cap-exempt organization. If the organization is not cap-exempt, you must go through the H-1B lottery.
If you receive a job offer from an employer that falls into one of these categories, your petition will not be subject to the cap.
This means that it can be submitted at any time throughout the year, and you do not have to wait until October 1st to begin working as an H-1B employee.
In contrast, if you file to transfer your H-1B status from a cap-exempt employer to a cap-subject employer, the new employer must register you in the competitive H-1B lottery, and you must abide the strict timeline.
If you are selected in the H-1B visa lottery, contact VisaNation attorneys for filing your H-1B petition.
L-1 to H-1B Change of Status Process
Step One: H-1B Lottery
For cap-subject organizations, the L-1 to H-1B process starts with the employer registering the beneficiary in the wage-weighted H-1B lottery, which runs from March 4th, 2026, to March 19th, 2026. Registrations are categorized into the Master’s cap (20,000) or Regular Quotas (65,000). Planning is crucial, especially for those not on H-1B status previously, as an annual cap applies.
If selected, the sponsoring employer files the I-129 petition, including documents such as the employment letter with duties, employment dates, and prevailing wage details.
Step Two: Labor Certification Application
If selected, the next step is the Labor Certification Application, which involves four attestations to the Department of Labor:
- Confirmation of prevailing wage payment.
- Assurance of no negative impact on current employees.
- Notification to current employees about the new hire.
- Confirmation of no ongoing strike or lockout.
Once approved, the DOL provides a certified copy.
I-129 Petition
After Labor Certification, the employer must submit the complete H-1B petition along with all necessary documents to the USCIS service center. The employer covers all fees, excluding the premium processing fee if the beneficiary requires it for personal reasons and not business needs.
If selected in the lottery and approved, H-1B employment begins on or after October 1st, automatically changing nonimmigrant status.
Learn about H-1B Visa Stamping in this guide.