Important Updates
Important Updates
August 7, 2025 | MexicoMexico: Major Delays Affecting Immigration Application Processing
August 8, 2025 | United StatesUnited States: DHS Proposal to Replace Duration of Status Designation with Fixed Periods of Stay for F, J, and I Nonimmigrants Clears Federal Review
August 8, 2025 | United StatesUnited States: District Court Certifies Nationwide Class and Issues Preliminary Injunction Barring Implementation of Birthright Citizenship Executive Order
August 8, 2025 | United StatesUnited States: USCIS Reverts to More Restrictive Child Age-Out Calculation Policy
August 7, 2025 | IrelandHR Headquarters: Skills Shortages And The Case For Rethinking Business Immigration
August 7, 2025 | MexicoMexico: Major Delays Affecting Immigration Application Processing
August 8, 2025 | United StatesUnited States: DHS Proposal to Replace Duration of Status Designation with Fixed Periods of Stay for F, J, and I Nonimmigrants Clears Federal Review
August 8, 2025 | United StatesUnited States: District Court Certifies Nationwide Class and Issues Preliminary Injunction Barring Implementation of Birthright Citizenship Executive Order
August 8, 2025 | United StatesUnited States: USCIS Reverts to More Restrictive Child Age-Out Calculation Policy
August 7, 2025 | IrelandHR Headquarters: Skills Shortages And The Case For Rethinking Business Immigration
August 7, 2025 | MexicoMexico: Major Delays Affecting Immigration Application Processing
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
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 AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationAustralian Immigration: New Skills in Demand Visa
  • 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
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Australian Immigration: New Skills in Demand Visa

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
ContactCareersMedia
  • 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

Blog post

Coming in Fast: An On-the-Ground Perspective of Vietnam’s Dynamic Immigration Landscape

This blog explores Vietnam’s evolving work permit regulations amid growing foreign investment.

Learn more

Media mentions

HR Headquarters: Skills Shortages And The Case For Rethinking Business Immigration

Partner Ángel Bello Cortés highlights the need for a strategic approach to immigration in Ireland amid growing skills shortages and compliance challenges.

Learn more

Blog post

Chile: Preparing for Possible Revocation of US ESTA Eligibility

Senior Associate Stephania Bertoni Norris and Associate Kelsey McGonigle discuss how travelers and businesses should prepare for potential changes to Chile’s eligibility for the US ESTA program.

Learn more

Blog post

Hiring in Kuwait: What Employers Need to Know About Work Visas, Talent Mobility and Business Potential in 2025

Partner Azeem Mohiuddin discusses Kuwait’s evolving visa landscape, talent mobility trends and emerging business opportunities for employers in 2025.

Learn more

Podcast

Michali Henig on Transforming Global Mobility at HelloFresh

Michali Henig of HelloFresh shares her global mobility career journey and offers insights into attracting international talent to Germany, covering immigration, relocation, integration and more.

Learn more

Media mentions

Construction Management: New Immigration Rules: What Construction Employers Need to Know

Manager Kirsty Moore shares insights in a podcast interview on recent UK immigration changes, their impact on the construction industry and steps employers can take to remain compliant.

Learn more

Awards

Partners Audrea Golding and Emily Allen Named 2025 Women, Influence & Power in Law Awards Finalists

Partners Audrea Golding and Emily Allen are finalists for the 2025 Women, Influence & Power in Law Awards in the Thought Leadership and Innovative Leaders categories.

Learn more

Video

Provincial Nominee Program (PNP): Fast-Track Your Path to Canada PR

Explore Canada’s Provincial Nominee Program (PNP) and learn how to apply for permanent residency. Includes eligibility, application steps and benefits for skilled workers and graduates.

Learn more

Blog post

Beyond the Oil: Understanding Iraq’s Evolving Compliance Landscape

Senior Manager Noman Khan explores Iraq’s shifting compliance landscape beyond its oil industry, highlighting emerging regulatory trends and challenges.

Learn more

Media mentions

The PIE: Nigerian Students Among Those Hit With 3-Month US Visas

Partner Aaron Blumberg highlights how new US visa rules restrict travel for students from Nigeria and Ghana.

Learn more

Media mentions

Times Higher Education: More Universities Put on ‘Action Plans’ as Home Office Gets Tough

Senior Manager Jonathan Hill noted that stricter UKVI audits and asylum claim reviews are driving more student visa action plans.

Learn more

Fragomen news

2025年7月 アメリカ移民法ダイジェストLearn more

Blog post

Coming in Fast: An On-the-Ground Perspective of Vietnam’s Dynamic Immigration Landscape

This blog explores Vietnam’s evolving work permit regulations amid growing foreign investment.

Learn more

Media mentions

HR Headquarters: Skills Shortages And The Case For Rethinking Business Immigration

Partner Ángel Bello Cortés highlights the need for a strategic approach to immigration in Ireland amid growing skills shortages and compliance challenges.

Learn more

Blog post

Chile: Preparing for Possible Revocation of US ESTA Eligibility

Senior Associate Stephania Bertoni Norris and Associate Kelsey McGonigle discuss how travelers and businesses should prepare for potential changes to Chile’s eligibility for the US ESTA program.

Learn more

Blog post

Hiring in Kuwait: What Employers Need to Know About Work Visas, Talent Mobility and Business Potential in 2025

Partner Azeem Mohiuddin discusses Kuwait’s evolving visa landscape, talent mobility trends and emerging business opportunities for employers in 2025.

Learn more

Podcast

Michali Henig on Transforming Global Mobility at HelloFresh

Michali Henig of HelloFresh shares her global mobility career journey and offers insights into attracting international talent to Germany, covering immigration, relocation, integration and more.

Learn more

Media mentions

Construction Management: New Immigration Rules: What Construction Employers Need to Know

Manager Kirsty Moore shares insights in a podcast interview on recent UK immigration changes, their impact on the construction industry and steps employers can take to remain compliant.

Learn more

Awards

Partners Audrea Golding and Emily Allen Named 2025 Women, Influence & Power in Law Awards Finalists

Partners Audrea Golding and Emily Allen are finalists for the 2025 Women, Influence & Power in Law Awards in the Thought Leadership and Innovative Leaders categories.

Learn more

Video

Provincial Nominee Program (PNP): Fast-Track Your Path to Canada PR

Explore Canada’s Provincial Nominee Program (PNP) and learn how to apply for permanent residency. Includes eligibility, application steps and benefits for skilled workers and graduates.

Learn more

Blog post

Beyond the Oil: Understanding Iraq’s Evolving Compliance Landscape

Senior Manager Noman Khan explores Iraq’s shifting compliance landscape beyond its oil industry, highlighting emerging regulatory trends and challenges.

Learn more

Media mentions

The PIE: Nigerian Students Among Those Hit With 3-Month US Visas

Partner Aaron Blumberg highlights how new US visa rules restrict travel for students from Nigeria and Ghana.

Learn more

Media mentions

Times Higher Education: More Universities Put on ‘Action Plans’ as Home Office Gets Tough

Senior Manager Jonathan Hill noted that stricter UKVI audits and asylum claim reviews are driving more student visa action plans.

Learn more

Fragomen news

2025年7月 アメリカ移民法ダイジェスト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.