
Country / Territory
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
Explore more at Fragomen
Awards
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.
Media mentions
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.
Fragomen news
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.
Blog post
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.
Awards
Senior Associate Agata Danuta Richardson is recognized with a prestigious Pro Bono Publico Award by the Casa Cornelia Law Center.
Media mentions
Frankfurt Managing Partner Dr. Axel Boysen highlights the growing skilled labor gap as Europe’s defense industry expands.
Media mentions
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.
Media mentions
Partner Jo Antoons and Manager Andreia Ghimis explain how businesses can navigate Europe’s new ETIAS pre-travel authorisation and avoid disruptions.
Media mentions
Partner Louise Haycock and Associate Jennifer Gray analyse the barriers and opportunities for overseas creatives navigating the UK’s immigration system.
Blog post
Associate Chloe Evans outlines eligibility criteria for individuals seeking British citizenship based on ancestral ties.
Fragomen news
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.
Awards
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.
Media mentions
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.
Fragomen news
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.
Blog post
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.
Awards
Senior Associate Agata Danuta Richardson is recognized with a prestigious Pro Bono Publico Award by the Casa Cornelia Law Center.
Media mentions
Frankfurt Managing Partner Dr. Axel Boysen highlights the growing skilled labor gap as Europe’s defense industry expands.
Media mentions
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.
Media mentions
Partner Jo Antoons and Manager Andreia Ghimis explain how businesses can navigate Europe’s new ETIAS pre-travel authorisation and avoid disruptions.
Media mentions
Partner Louise Haycock and Associate Jennifer Gray analyse the barriers and opportunities for overseas creatives navigating the UK’s immigration system.
Blog post
Associate Chloe Evans outlines eligibility criteria for individuals seeking British citizenship based on ancestral ties.
Fragomen news
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.

