Each year, employers sponsor professionals working in the United States in L-1 status for the H-1B cap lottery. For many organizations, this dual strategy is part of long-term workforce planning, designed to provide flexibility and continuity for key employees.
With rising government filing fees and increased scrutiny around H-1B processing options, employers, employees, and HR teams must carefully evaluate how H-1B petitions are filed and how those decisions affect work authorization, travel, and compliance.
This article outlines the key planning considerations that all stakeholders should understand when navigating the H-1B cap process for L-1 employees.
WHY L-1 EMPLOYEES PURSUE THE H-1B
The L-1 visa is an effective option for multinational transfers, but it comes with specific limitations, including:
- Maximum stay periods
- Dependence on a qualifying corporate relationship
- Limited flexibility if job duties or corporate structures change
As a result, many employers and employees pursue the H-1B as an additional option to support long-term planning and operational stability.
HOW HIGHER FEES AFFECT H-1B STRATEGY
In recent years, employers have faced increasing costs associated with employment-based immigration filings. Higher fees can influence:
- Whether and how many H-1B petitions an employer files
- Which filing strategy is selected
- How HR teams plan budgets and timelines
These cost considerations make it more important than ever to align legal strategy with business needs, rather than relying on a one-size-fits-all approach.
TWO PRIMARY H-1B FILING OPTIONS FOR L-1 EMPLOYEES
1. H-1B WITH CHANGE OF STATUS
A Change of Status allows an employee already in the U.S. to move from L-1 status to H-1B status without departing the country, typically effective October 1 if selected and approved.
Key considerations for employees, employers, and HR include:
- Travel after filing may affect the Change of Status request
- Timing must be managed carefully to avoid work authorization gaps
- Clear internal communication is essential to prevent inadvertent travel issues
This option can reduce logistical complexity but requires strict attention to timing and compliance.
2. H-1B WITH CONSULAR PROCESSING
With consular processing, the H-1B petition is approved for visa issuance abroad, and the employee remains in L-1 status until they apply for an H-1B visa and reenter the U.S.
Important considerations include:
- Additional government fees may apply
- Visa appointment availability can impact timelines
- Reentry to the U.S. is always subject to inspection at the port of entry
This option may be appropriate in certain cases but requires coordination between the employee, HR, and legal counsel.
TRAVEL AND TIMING: A CRITICAL RISK AREA
Travel planning is one of the most common sources of confusion during the H-1B cap process.
Points all parties should understand:
- International travel can affect pending status requests
- October 1 start dates must be planned well in advance
- Employees should not make travel plans without confirming immigration implications
Even well-intentioned travel can create unexpected complications if not coordinated properly.
DEPENDENTS AND SPOUSE WORK AUTHORIZATION
Any H-1B strategy should consider the full family impact, including:
- Dependent status changes
- Spouse work authorization eligibility and timing
- Documentation needed to maintain uninterrupted authorization
HR teams should ensure dependents are included in planning discussions early in the process.
EMPLOYER AND HR COMPLIANCE CONSIDERATIONS
From an employer and HR perspective, effective planning includes:
- Consistent internal guidance for employees
- Clear timelines and travel protocols
- Coordination with immigration counsel before filing and travel
Proactive planning helps reduce disruptions, manage costs, and maintain compliance across the organization.
FINAL THOUGHTS
There is no single “best” H-1B strategy for L-1 employees. Each case depends on:
- Business needs
- Employee travel plans
- Family considerations
- Filing costs and timing
Early, informed planning allows employers, employees, and HR teams to make decisions that align with both compliance requirements and operational goals.
FAQ
Q: Should every L-1 employee be entered into the H-1B lottery?
Not always. Eligibility, business needs, and long-term planning goals should be reviewed individually.
Q: Is Change of Status always preferable to consular processing?
No. Each option carries different risks and benefits depending on timing and travel needs.
Q: Can travel affect an H-1B petition after filing?
Yes. Travel can impact pending requests and should always be reviewed in advance.
Q: Do higher filing fees change employer strategy?
They can. Cost considerations increasingly influence how employers plan H-1B filings.
Q: When should planning begin?
Ideally several months before the H-1B registration period opens.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information