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Citizenship

H-1B & L-1 Visas: How They Work, Green Cards, Citizenship

H-1B and L-1 visas let U.S. employers hire specialized foreign talent; H-1B is capped at 85,000 with a lottery, L-1 enables intracompany transfers without a cap. Employers file Form I-129; many workers later get green cards via Form I-140 and adjust status with Form I-485, then apply for citizenship after three to five years as permanent residents.

Last updated: September 24, 2025 11:30 am
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Key takeaways
H-1B cap is 85,000 annually, including 20,000 for U.S. master’s degree holders; selection is by USCIS lottery.
L-1 requires one continuous year with the foreign company within past three years and has no annual cap.
Employment-based green card uses Form I-140, then I-485 or consular processing once a visa number is available.

(UNITED STATES) Foreign professionals and their employers continue to rely on the H-1B visa and L-1 visa to fill skills gaps across the 🇺🇸 economy, while planning long-term moves toward permanent residency and, later, U.S. citizenship. Here’s how these pathways work, what USCIS requires at each stage, and what workers and companies can expect from the first job offer through the oath ceremony.

H-1B and L-1 Policy Basics

H-1B & L-1 Visas: How They Work, Green Cards, Citizenship
H-1B & L-1 Visas: How They Work, Green Cards, Citizenship

The H-1B visa lets U.S. companies hire workers in “specialty occupations,” meaning jobs that usually require at least a bachelor’s degree in a specific field. Each year there’s a limited number of new H-1B visas: 85,000 total, including 20,000 reserved for people with U.S. master’s degrees or higher. When employers submit more registrations than the cap allows, USCIS runs a random lottery.

According to analysis by VisaVerge.com, this cap and lottery shape hiring timelines for many tech, healthcare, and research roles each spring.

The L-1 visa allows multinational companies to transfer staff from overseas offices to the United States. There are two types:

  • L-1A: for managers and executives
  • L-1B: for employees with specialized knowledge

To qualify, the company must have a qualifying relationship between the foreign and U.S. entities, and the employee must have worked abroad for the company for at least one continuous year in the past three years. Unlike the H-1B, the L-1 visa is not subject to an annual cap; it focuses on corporate ties and the worker’s role.

USCIS handles petitions for both visas. For each, the employer files a petition using Form I-129. If approved:

💡 Tip
Track visa timelines early. If you’re on H-1B, note filing windows and lottery dates; for L-1, align transfer timelines with your overseas work history to avoid gaps.
  • Workers outside the U.S. apply for a visa at a U.S. consulate.
  • Workers already in the U.S. in valid status may begin or continue work after USCIS approval, subject to date and status rules.

From Work Visa to Green Card

Many H-1B and L-1 workers later seek a green card (lawful permanent residence) via the employment-based system. Though procedures vary by category, the common structure is:

  1. Employer files an immigrant petition.
  2. Worker waits for an immigrant visa number to become available.
  3. Worker completes the final step via adjustment of status in the U.S. or an immigrant visa interview abroad.

Typical H-1B pipeline (spring timeline)

  1. Employer creates an online registration during the USCIS window (usually in March).
  2. If selected, employer submits a Labor Condition Application (LCA) to the U.S. Department of Labor to certify wages and working conditions.
  3. Employer files Form I-129 with USCIS, documenting that the job is a specialty occupation and the worker’s qualifications.
  4. USCIS reviews the petition, may issue a Request for Evidence (RFE), then approves or denies.
  5. If the worker is abroad, they complete consular processing and a visa interview before travel and starting work.

L-1 transfer process

  • Company files Form I-129 for L-1A or L-1B classification.
  • Worker must show the managerial/executive or specialized knowledge role and the required one-year employment abroad within the last three years.
  • USCIS reviews and can approve, deny, or issue an RFE.

Both visas are temporary but extendable. Initial stays are commonly up to three years, with extensions possible within statutory limits. Key portability notes:

  • H-1B workers can switch employers if the new employer files and USCIS receives a new Form I-129.
  • L-1 employees can move within the same corporate group consistent with the approved role.

Employment-based green card categories

Employers generally file Form I-140 in one of these categories:

  • EB-1: priority workers (some multinational managers/executives, outstanding professors/researchers, persons of extraordinary ability)
  • EB-2: professionals with advanced degrees or persons of exceptional ability
  • EB-3: skilled workers and professionals

After Form I-140 approval, the worker waits for a visa number based on category and country of chargeability. When a number is available:

⚠️ Important
Avoid assuming an automatic green card after a visa. Start the I-140/I-485 process as soon as a priority date is available and monitor visa-number expirations to prevent delays.
  • Workers in the U.S. file Form I-485 (Adjustment of Status).
  • Workers abroad go through consular processing for an immigrant visa.

The final steps include biometrics, an interview, and a decision by USCIS or the consulate.

Citizenship Timeline and Practical Steps

Once approved for a green card, you become a lawful permanent resident. The physical green card needs renewal periodically, although the status itself does not “expire” in the same way.

The typical timeline to apply for naturalization:

  • Most green card holders can apply after five years of permanent residence.
  • If married to a U.S. citizen and meeting other rules, the wait can be three years.

Naturalization checklist:

  • Maintain continuous residence and meet physical presence requirements.
  • Demonstrate good moral character.
  • Be able to read, write, and speak basic English.
  • Pass a civics test on U.S. history and government.
  • Take the Oath of Allegiance.

Process overview:

  1. File Form N-400 (Application for Naturalization).
  2. Attend biometrics appointment.
  3. Complete interview and testing.
  4. If approved, attend the oath ceremony.

People with disabilities may qualify for exceptions; USCIS guidance explains eligibility and procedures.

Practical Examples and Employer/Worker Tips

Real-life scenarios illustrate how timelines play out:

  • A software engineer on an H-1B might win the lottery in March, start in October, and later shift to an EB-2 green card via Form I-140. If a visa number isn’t available, she may wait months before filing Form I-485.
  • A global firm may bring a regional manager to the U.S. on L-1A, then sponsor him for EB-1 as a multinational manager.
  • Families coordinate schooling, leases, healthcare, and careers around USCIS notices and approvals.

Employer and HR best practices:

📝 Note
Keep a dedicated file of all immigration documents (degrees, employment letters, travel logs). Consistently update address and contact info with USCIS to prevent notices from getting lost.
  • Submit the LCA before the H-1B petition and collect necessary degree evaluations.
  • Meet prevailing wage rules to avoid delays.
  • For L-1 petitions, keep corporate documents ready (proof of qualifying relationship between U.S. and foreign entities).
  • On green cards, track priority dates and file as soon as a visa number opens.

Worker record-keeping:

  • Save degree records, job offer letters, employment verification, and travel logs.
  • Keep addresses current with USCIS and file timely petitions to preserve status.

Dependents:

  • Spouses and children generally receive matching dependent status: H-4 for H-1B families and L-2 for L-1 families. Their paperwork typically moves in parallel with the principal worker.

Important takeaway: Each step relies on timely filings and meeting current rules. USCIS reviews cases individually, so thorough documentation and proactive planning significantly reduce delays.

Key Forms and Official Resources

Always use official forms and check USCIS for current policy and filing windows. Useful links:

  • Form I-129 (Petition for a Nonimmigrant Worker): https://www.uscis.gov/i-129
  • Labor Condition Application (for H-1B employers): https://www.dol.gov/agencies/eta/foreign-labor/programs/h-1b
  • Form I-140 (Immigrant Petition for Alien Workers): https://www.uscis.gov/i-140
  • Form I-485 (Application to Register Permanent Residence or Adjust Status): https://www.uscis.gov/i-485
  • Form N-400 (Application for Naturalization): https://www.uscis.gov/n-400

For official H-1B guidance and updates, see: https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations

Quick Summary: Pathway at a Glance

  1. Temporary stage: H-1B or L-1 to work in the U.S., typically up to three years at a time with possible extensions.
  2. Permanent stage: Employer-sponsored green card via Form I-140, then Form I-485 (in the U.S.) or consular processing once a visa number is available.
  3. Citizenship stage: After three to five years as a green card holder, apply using Form N-400, complete biometrics, interview, testing, and take the Oath of Allegiance.

VisaVerge.com reports continued strong demand for H-1B visas, keeping the lottery central to hiring for specialized roles, while L-1 visas remain important for cross-border leadership and intra-company transfers. Together, these programs form a bridge from short-term employment to long-term residence and eventual U.S. citizenship.

Frequently Asked Questions

Q1
What is the H-1B annual cap and how does the USCIS lottery work?
The H-1B cap is 85,000 new visas per fiscal year, including 20,000 reserved for U.S. master’s degree holders. Employers submit electronic registrations during the USCIS window (usually March). If registrations exceed the cap, USCIS runs a random lottery to select registrations eligible to file full H-1B petitions. Only selected registrations may proceed to the Labor Condition Application and Form I-129 filing.

Q2
Who qualifies for an L-1 visa and is there a numerical limit?
L-1 visas are for intracompany transfers: L-1A for executives/managers and L-1B for employees with specialized knowledge. To qualify, the worker must have completed at least one continuous year of employment with the foreign company within the past three years. The L-1 program has no annual numerical cap, but companies must demonstrate a qualifying relationship between the foreign and U.S. entities and provide supporting corporate documentation.

Q3
How do H-1B or L-1 holders get a green card through employment?
Employers typically file Form I-140 (Immigrant Petition for Alien Workers) under categories like EB-1, EB-2, or EB-3. After I-140 approval, the worker must wait for a visa number to become current based on category and country. Once available, workers in the U.S. file Form I-485 (Adjustment of Status) or complete consular processing abroad. The process includes biometrics, an interview, and a USCIS or consular decision.

Q4
When can a green card holder apply for U.S. citizenship and what are the requirements?
Most green card holders can apply for naturalization after five years of continuous permanent residence; spouses of U.S. citizens may qualify after three years. Applicants must meet continuous residence and physical presence requirements, show good moral character, demonstrate basic English reading/writing/speaking skills, pass a civics test, and attend a biometrics appointment, interview, and the oath ceremony. Exceptions exist for certain disabilities; consult USCIS guidance for details.

VisaVerge.com
Learn Today
H-1B → A U.S. nonimmigrant visa for specialty-occupation workers typically requiring at least a bachelor’s degree.
L-1A → A nonimmigrant visa for intracompany executives and managers transferred to U.S. offices.
L-1B → A nonimmigrant visa for intracompany transferees with specialized knowledge.
Form I-129 → USCIS petition used by employers to request H-1B or L-1 classification for a foreign worker.
Form I-140 → Employer-filed immigrant petition (Immigrant Petition for Alien Workers) to sponsor an employee for a green card.
Form I-485 → Application to Register Permanent Residence or Adjust Status for immigrants already in the United States.
LCA → Labor Condition Application filed with the Department of Labor certifying wage and working conditions for H-1B roles.
USCIS lottery → Random selection process USCIS uses when H-1B registrations exceed the annual numerical cap.

This Article in a Nutshell

H-1B and L-1 visas are primary channels for foreign professionals to work in the United States and often serve as pathways to permanent residence and citizenship. The H-1B targets specialty occupations, requires employer sponsorship, and is limited to 85,000 new visas annually with a 20,000-exemption for U.S. master’s holders; when demand exceeds supply, USCIS conducts a lottery. The L-1 facilitates intra-company transfers for managers/executives (L-1A) and specialized-knowledge staff (L-1B) after at least one continuous year of prior employment abroad and is not capped annually. Employers file Form I-129 to petition for either visa. Many recipients pursue employment-based green cards by an employer filing Form I-140; once a visa number is available they complete adjustment of status (Form I-485) or consular processing. After obtaining a green card, most can apply for naturalization after five years, or three years if married to a U.S. citizen. Practical steps include timely filings (LCA, I-129, I-140), careful record-keeping of credentials and travel, and monitoring priority dates. Dependents typically receive H-4 or L-2 status. USCIS reviews cases individually; thorough documentation and proactive planning reduce delays.

— VisaVerge.com
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Jim Grey
ByJim Grey
Senior Editor
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Jim Grey serves as the Senior Editor at VisaVerge.com, where his expertise in editorial strategy and content management shines. With a keen eye for detail and a profound understanding of the immigration and travel sectors, Jim plays a pivotal role in refining and enhancing the website's content. His guidance ensures that each piece is informative, engaging, and aligns with the highest journalistic standards.
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