Transferring from an L-1A intracompany transferee visa to an H-1B specialty occupation visa unlocks career flexibility beyond the multinational company structure—allowing executives and managers to pursue opportunities with any U.S. employer. The 2026 landscape presents both significant advantages and new complexities: a wage-based H-1B lottery system taking effect February 27, 2026 (first applying to the FY 2027 cap season) that favors higher-paid positions, and an exemption from the $100,000 filing fee for those filing change of status from within the United States. Understanding these changes is critical for L-1A holders planning their next career move, and Alma's immigration legal services provide the expert guidance needed to execute this transition successfully.
The L-1A visa serves executives and managers transferring within multinational companies, requiring a qualifying organizational relationship between foreign and U.S. entities. This visa category allows a maximum stay of seven years, making long-term planning essential..
To qualify for L-1A classification, you must demonstrate:
The L-1A's strength lies in its dual intent provision, allowing you to pursue permanent residency without jeopardizing your nonimmigrant status. This aligns well with employment-based green card strategies, particularly the EB-1C multinational manager pathway.
While both fall under the L-1 umbrella, critical distinctions exist:
The H-1B visa requires a specialty occupation—a position demanding theoretical and practical application of a highly specialized body of knowledge and a bachelor's degree or equivalent. For 2026, two major changes reshape the landscape for L-1A transferees.
Taking effect February 27, 2026, and first applying to the FY 2027 cap season (March 2026 registration period), USCIS implemented a weighted selection process based on prevailing wage levels:
This change significantly benefits L-1A executives and managers who typically command higher compensation. The FY 2026 lottery selected 120,141 registrations (118,660 unique beneficiaries), with the regular cap at 65,000 visas plus 20,000 for the advanced degree exemption.
Understanding this distinction is critical for timing your transfer:
Cap-subject employers: Private companies requiring March lottery registration and October 1 start dates
Cap-exempt employers include:
Beneficiaries must spend at least 50% of work time at a cap-exempt entity to qualify. As immigration attorney Muhammed Uzum notes, "Cap-exempt H-1B positions at universities and nonprofit research institutions still exist in specific circumstances" and can serve as strategic alternatives for cap-subject limitations.
The transfer process involves multiple coordinated steps, with timing proving essential for maintaining continuous status.
Your prospective H-1B employer must:
Before filing the H-1B petition, your employer must obtain DOL certification of the LCA, attesting to:
LCA processing typically takes seven working days.
For cap-subject employers:
The H-1B petition package requires comprehensive documentation demonstrating specialty occupation requirements and beneficiary qualifications.
Key dates for cap-subject H-1B filings:
Successfully transferring from L-1A to H-1B requires meeting both visa categories' requirements while maintaining continuous lawful status.
Critical compliance considerations:
The Foreign Affairs Manual specifies that time in L-1A counts toward H-1B maximums:
Example: An executive with 5 years of L-1A time would have only 1 year of H-1B time remaining unless qualifying for extensions through an approved I-140 green card petition.
The $100,000 H-1B fee implemented via Presidential Proclamation signed September 19, 2025, became effective September 21, 2025 and applies only to new H-1B petitions for beneficiaries outside the United States. USCIS guidance confirms this fee does not apply to change of status requests for individuals already in valid status within the U.S.
This makes the change of status pathway significantly more cost-effective for L-1A holders.
Complete fee scope:
Fee applies to:
Fee does NOT apply to:
On December 23, 2025, the U.S. District Court upheld the $100,000 fee in Chamber of Commerce v. DHS, though an appeal was filed December 29, 2025.
Strategic considerations include:
Common Request for Evidence issues include:
Working with experienced immigration counsel helps anticipate and address these challenges before filing.
Standard H-1B petitions typically require 3-6 months for adjudication, while premium processing guarantees a USCIS response within 15 business days, and H-4 dependent applications filed on Form I-539 generally take 3-12 months to process.
USCIS and government filing fees vary by petition type. Attorney fees for H-1B petitions at Alma start at $3,500 for cap or cap-exempt filings, with H-1B lottery registration at $500. USCIS premium processing costs $2,805 (increasing to $2,965 effective March 1, 2026) for expedited adjudication.
L-2 dependents transitioning to H-4 face significant changes:
Important note: The Edakunni v. Mayorkas settlement expired January 18, 2025, ending the requirement for USCIS to adjudicate H-4 I-539 applications bundled with premium-processed H-1B petitions. H-4 dependents should now expect independent processing timelines.
Alma combines attorney expertise with technology to deliver stress-free immigration experiences for complex transitions like L-1A to H-1B changes.
For businesses managing multiple foreign national employees, Alma's platform provides compliance tracking, automated reminders, and HRIS integration to streamline complex immigration workflows.
Whether you're an L-1A executive planning your career transition or an HR leader managing global mobility, understanding the 2026 regulatory landscape is essential. The combination of wage-based lottery advantages for high earners and change of status fee exemptions creates a favorable environment for L-1A holders pursuing H-1B flexibility.
Schedule a free consultation with Alma's immigration attorneys to evaluate your specific situation and develop a strategic plan for your L-1A to H-1B transfer.
Yes, concurrent H-1B employment is permitted. Some professionals maintain a part-time cap-exempt position (such as at a university) while working for a cap-subject private employer. This strategy allows you to avoid repeated lottery participation, as cap-exempt status from one employer doesn't preclude cap-subject employment elsewhere. However, each employer must file a separate H-1B petition, and you must comply with all LCA requirements for each worksite.
Your green card application remains unaffected by the visa status change. If you have an approved I-140 through the EB-1C (multinational manager) pathway based on your L-1A status, that approval remains valid. The H-1B's dual intent provision similarly allows green card pursuit. Importantly, an approved I-140 enables H-1B extensions beyond six years under AC21 provisions, and the EB-1C criteria closely align with L-1A requirements, making this a common pathway for executives.
Yes, both L-1A and H-1B regulations allow "recapturing" time spent outside the United States (absences exceeding 24 hours). This effectively extends your maximum stay beyond the stated limits. You must document all qualifying absences with travel records, passport stamps, and I-94 history. For executives who traveled frequently during their L-1A period, this calculation can add months or even years to available H-1B time.
The H-1B and L-1 Visa Reform Act of 2025 (S.2928) proposes significant changes including a three-year H-1B maximum (instead of six), stricter degree requirements, and enhanced recruitment obligations. While the bill's passage remains uncertain, current visa holders may want to accelerate their transfer and green card filings to lock in more favorable terms under existing regulations. Immigration practitioners recommend monitoring legislative developments closely while proceeding under current law.
SOC code determination directly impacts your wage level assignment and lottery selection odds under the wage-based system first applying to FY 2027. Incorrect classification can result in RFEs or denials. Working with experienced immigration counsel ensures proper analysis of job duties against DOL occupational definitions. The employer should also consider geographic variations—the same position may qualify for different wage levels depending on the metropolitan statistical area, with direct implications for lottery competitiveness.
