Important Updates
Important Updates
November 5, 2025 | CanadaCanada: 2026-2028 Immigration Levels Plan Announced
November 6, 2025 | ChinaChina: Expanded Visa-Free and Digital Entry Measures Announced
November 6, 2025 | United StatesFragomen Ranked in 2026 Edition of "Best Law Firms in the United States" by The Best Lawyers
November 6, 2025 | CanadaThe Toronto Star: Canada will reduce international student permits by more than half, budget reveals
November 6, 2025 | United StatesUnited States: DOL Announces Accommodations for PERM and Other Filings Impacted by the Government Shutdown
November 5, 2025 | CanadaCanada: 2026-2028 Immigration Levels Plan Announced
November 6, 2025 | ChinaChina: Expanded Visa-Free and Digital Entry Measures Announced
November 6, 2025 | United StatesFragomen Ranked in 2026 Edition of "Best Law Firms in the United States" by The Best Lawyers
November 6, 2025 | CanadaThe Toronto Star: Canada will reduce international student permits by more than half, budget reveals
November 6, 2025 | United StatesUnited States: DOL Announces Accommodations for PERM and Other Filings Impacted by the Government Shutdown
November 5, 2025 | CanadaCanada: 2026-2028 Immigration Levels Plan Announced
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

How to plan transition from L-1B to H-1B to permanent residence

August 4, 2016

Country / Territory

  • United StatesUnited States

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • San Jose
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • San Jose
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • San Jose
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

While US immigration laws allow H-1B status holders to extend their status in cases of lengthy sponsorship process, the same is not true for L-1B status holders. Many wonder how to ensure that employees who hold L-1B visa can remain legally employed in the US during the pendency of the permanent residence sponsorship.​

The time limitations on the L-1B status

The L-1B specialized knowledge professional status is given for a maximum of five years.  In many cases, these intracompany transferees return to their home country after an international assignment.  Sometimes, they move on to another global assignment. There are occasions, however, when the US assignment is extended. It might be that the business needs of the company require the employee to stay for over five years. It might be that the position becomes permanent. The reasons are many, but the result is the same—if permanent residence sponsorship process is not completed within five years, the employee will have to leave the US.

Plan the steps to take to ensure long-term transition

Here are some steps that employers can take to prevent this difficult situation from occurring. 

First, as much as possible, plan long term for every international assignee to the US. Understand that five years is the outer limit on the assignment. US immigration laws supersede business reasons, so there will not be an exception. Time spent abroad can be added to the total time spent in L-1B status, but it might not be enough.  Make sure everyone involved understands that in this status, the clock is ticking. 

Second, as soon as the decision is made to localize the employee in the US, start applying for H-1B status. As H-1B status can be extended during the pendency of the sponsorship, it will be preferable for an employee whose case might take a long time, particularly if that employee was born in India or China. Because H-1Bs are subject to an annual limit on the number of new petitions that are processed by the USCIS, a petition might not be selected in any given year. Applying every year can maximize the beneficiary’s chances of getting this status.  Although a selection is never guaranteed, it is a chance worth taking. 

Third, consider starting permanent residence sponsorship sooner rather than later. Even for individuals who are not from oversubscribed countries, the process can take a couple of years, and the L-1B status needs to be maintained in the meantime. It might be prudent to consider making an exception to the established sponsorship policies depending on the employee’s status in the US as well as the needs of the business. 

Finally, consider the worst case scenario—not completing the sponsorship process in time, and not securing another status that allows the employee to remain in the US. Sending an employee abroad might be the only option at that point. Spending one full year abroad might qualify them to return to the US again in L-1B status.  However, that position at another global facility must be secured well in advance of the expiration of the L-1B status, as well as potentially a work visa if the employee is not going to their home country. 

If you would like to know more about strategic long-term planning for L-1B employees, please contact me at [email protected].

 

Country / Territory

  • United StatesUnited States

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • San Jose
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • San Jose
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Atlanta, GA
  • Boston, MA
  • Chicago, IL
  • Miami, FL
  • Dallas, TX
  • Houston, TX
  • Irvine, CA
  • Los Angeles, CA
  • Matawan, NJ
  • New York, NY
  • Phoenix, AZ
  • San Diego, CA
  • San Francisco, CA
  • San Jose
  • Silicon Valley, CA
  • Detroit, MI
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Awards

Fragomen Ranked in 2026 Edition of "Best Law Firms in the United States" by The Best Lawyers

Fragomen is recognized at the National Tier 1 level for Immigration Law in the 2026 edition of The Best Law Firms – United States, with 15 offices across the country also recognized for their excellence in immigration law.

Learn more

Media mentions

The Toronto Star: Canada will reduce international student permits by more than half, budget reveals

Partner Rick Lamanna discusses Canada’s 2025 federal budget and its significant shift in immigration policy including new limits on international student permits and temporary residents.

Learn more

Fragomen news

2025年10月 アメリカ移民法ダイジェスト Learn more

Fragomen news

Fragomen Cited in House of Lords Report on the Future of the UK Space Economy

Fragomen is cited in the UK House of Lords’ landmark report, “The Space Economy: Act Now or Lose Out,” published on 4 November by the UK Engagement with Space Committee.

Learn more

Blog post

Georgia Immigration Reform 2025: New Work Permit Rules for Foreign Nationals

Manager Zaur Gasimov discusses Georgia’s new immigration and labour-migration reforms introducing mandatory work permits, stricter employer compliance requirements and increased penalties for non-compliance.

Learn more

Awards

Senior Associate Agata Richardson Honored with Casa Cornelia Law Center Pro Bono Publico Award

Senior Associate Agata Danuta Richardson is recognized with a prestigious Pro Bono Publico Award by the Casa Cornelia Law Center.

Learn more

Media mentions

European Security & Technology Magazine: Die kritische Wachstumsbremse der europäischen Verteidigungsindustrie

Frankfurt Managing Partner Dr. Axel Boysen highlights the growing skilled labor gap as Europe’s defense industry expands.

Learn more

Media mentions

Games Industry: US H-1B Visas: Alternatives to a $100,000 Fee

Senior Manager William Diaz outlines the US visa options available to the games industry for bringing international talent to the United States, including O-1, L-1 and E-2.

Learn more

Media mentions

People Management: How Will EU Travel Rule Changes Impact Employers?

Partner Jo Antoons and Manager Andreia Ghimis explain how businesses can navigate Europe’s new ETIAS pre-travel authorisation and avoid disruptions.

Learn more

Media mentions

Arts Professional: How Easy Is It for Overseas Creatives to Work in the UK?

Partner Louise Haycock and Associate Jennifer Gray analyse the barriers and opportunities for overseas creatives navigating the UK’s immigration system.

Learn more

Blog post

Claiming British Citizenship Through Ancestral Lineage: Who Is Eligible?

Associate Chloe Evans outlines eligibility criteria for individuals seeking British citizenship based on ancestral ties.

Learn more

Fragomen news

Fragomen Semiconductors Presents: "Voice of the Industry" October 2025 Q&A with Shari Liss

Fragomen’s Semiconductor Industry Group publishes the next installment of its “Voice of the Industry” Q&A series, featuring Shari Liss, Vice President of Global Workforce Development and Initiatives at SEMI.

Learn more

Awards

Fragomen Ranked in 2026 Edition of "Best Law Firms in the United States" by The Best Lawyers

Fragomen is recognized at the National Tier 1 level for Immigration Law in the 2026 edition of The Best Law Firms – United States, with 15 offices across the country also recognized for their excellence in immigration law.

Learn more

Media mentions

The Toronto Star: Canada will reduce international student permits by more than half, budget reveals

Partner Rick Lamanna discusses Canada’s 2025 federal budget and its significant shift in immigration policy including new limits on international student permits and temporary residents.

Learn more

Fragomen news

2025年10月 アメリカ移民法ダイジェスト Learn more

Fragomen news

Fragomen Cited in House of Lords Report on the Future of the UK Space Economy

Fragomen is cited in the UK House of Lords’ landmark report, “The Space Economy: Act Now or Lose Out,” published on 4 November by the UK Engagement with Space Committee.

Learn more

Blog post

Georgia Immigration Reform 2025: New Work Permit Rules for Foreign Nationals

Manager Zaur Gasimov discusses Georgia’s new immigration and labour-migration reforms introducing mandatory work permits, stricter employer compliance requirements and increased penalties for non-compliance.

Learn more

Awards

Senior Associate Agata Richardson Honored with Casa Cornelia Law Center Pro Bono Publico Award

Senior Associate Agata Danuta Richardson is recognized with a prestigious Pro Bono Publico Award by the Casa Cornelia Law Center.

Learn more

Media mentions

European Security & Technology Magazine: Die kritische Wachstumsbremse der europäischen Verteidigungsindustrie

Frankfurt Managing Partner Dr. Axel Boysen highlights the growing skilled labor gap as Europe’s defense industry expands.

Learn more

Media mentions

Games Industry: US H-1B Visas: Alternatives to a $100,000 Fee

Senior Manager William Diaz outlines the US visa options available to the games industry for bringing international talent to the United States, including O-1, L-1 and E-2.

Learn more

Media mentions

People Management: How Will EU Travel Rule Changes Impact Employers?

Partner Jo Antoons and Manager Andreia Ghimis explain how businesses can navigate Europe’s new ETIAS pre-travel authorisation and avoid disruptions.

Learn more

Media mentions

Arts Professional: How Easy Is It for Overseas Creatives to Work in the UK?

Partner Louise Haycock and Associate Jennifer Gray analyse the barriers and opportunities for overseas creatives navigating the UK’s immigration system.

Learn more

Blog post

Claiming British Citizenship Through Ancestral Lineage: Who Is Eligible?

Associate Chloe Evans outlines eligibility criteria for individuals seeking British citizenship based on ancestral ties.

Learn more

Fragomen news

Fragomen Semiconductors Presents: "Voice of the Industry" October 2025 Q&A with Shari Liss

Fragomen’s Semiconductor Industry Group publishes the next installment of its “Voice of the Industry” Q&A series, featuring Shari Liss, Vice President of Global Workforce Development and Initiatives at SEMI.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.