- in United States
Under the current Trump administration, the H-1B program has faced immense scrutiny and as a result significant changes have been put into place to curb what has been described by the administration as “rampant, widespread H-1B abuse.”1 Increased scrutiny, evolving selection mechanisms, higher projected costs, and shifting enforcement priorities have made the H-1B process less predictable than in prior years. While the allegations against the program have been hotly debated, employers must accept that the H-1B visa path may no longer be relied on to be the most straightforward option.
The H-1B program has long been costly and complex, but recent changes have significantly raised barriers to entry. In late 2025, a presidential proclamation introduced a $100,000 fee for applicants filing from outside the United States, payable before petition approval. At the same time, updates to the lottery system now favor higher-wage positions, while additional proposals, heightened compliance measures, and increased adjudicatory scrutiny have added further cost and complexity. With potential increases to prevailing wages on the horizon, the overall burden on employers continues to grow, and many are companies are now asking what other options are available for their employees; the answer for many is an L-1 visa.
Even though the H-1B program faces significant challenges, it does not have to be the end of the road for employers trying to bring foreign talent into the United States. One particularly promising alternative is the L-1 visa. The L-1 visa allows multinational companies to transfer employees from a foreign office to a related U.S. entity. Those who have worked for at least one continuous year within the past three years for a qualifying foreign affiliate, parent, subsidiary, or branch of a U.S. company and are transferring to the U.S. to work in a managerial, executive, or specialized knowledge role are eligible. An L-1A visa can be held for seven continuous years, while an L-1B visa can only be held for five continuous years.
One of the most significant advantages of the L-1 visa is structural: it is not subject to an annual cap. For multinational employers, this allows for more deliberate workforce planning and the ability to align visa strategies with business timelines rather than government-imposed cycles.
Other significant advantages also appear in the differences between the two programs. Unlike the H-1B program, there is no yearly limit on new petitions, no time restrictions on when one can apply, no minimum education requirement, and no minimum prevailing wage requirements. More specifically, no minimum degree requirement allows companies to transfer highly experienced managers and specialized knowledge holders whose value is tied to institutional knowledge rather than academic credentials. At the same time, no minimum wage requirement alleviates the upward pressure that H-1B has on salaries regardless of a company's pay scale. This allows employers to focus on the employee’s role, experience, and business needs rather than meeting rigid regulatory wage threshold.
For those who qualify for an L-1A specifically, there are also long-term immigration benefits. As EB-1C and L-1A petitions/requirements are almost identical, many that are approved for an L-1A visa can also immediately apply for EB-1C classification which circumvents the need for any PERM processing and allowing quicker and cheaper processing.
The distinctions between these programs extend beyond the principal beneficiary. A key advantage of L-1 status is that L-2 spouses are authorized to work incident to status, eliminating the need to wait for an approved I-140 or to file a Form I-765. As a result, an L-2 spouse may begin working immediately upon obtaining L-2 status.
Nevertheless, there are restrictions to be aware of. As there is a previous employment requirement, the individual cannot be a new outside hire. This limits the availability of this visa type to those already employed within the direct company or a related organization. Similarly, categories of those who qualify are restricted to managers or those who possess specialized knowledge. The L-1 program is also not shielded from the unpredictability and scrutiny of the Trump administration. Over the past year, there has been a noticeable increase in scrutiny applied to L-1 petitions, both at the USCIS level and in consular processing. Beginning in 2024 and continuing into 2025, USCIS has intensified its review of L-1 filings, with adjudicators applying more rigorous standards to determine whether positions truly qualify as managerial, executive, or specialized knowledge roles. This shift has been particularly pronounced in the L-1B context. Practitioners report significantly heightened evidentiary requirements, increased requests for evidence, longer processing times, stricter interpretations of “specialized knowledge,” and higher refusal rates at consular posts
Despite these limitations, the L-1 program is still a strong and viable alternative to the H-1B program. Overall, the benefits associated with the L-1 program, allow for much greater flexibility, flow, and reliability for global hiring operations than the H-1B program and should be taken advantage of as an alternative for global hiring needs.
Footnote
1. https://www.presidency.ucsb.edu/documents/statement-donald-j-trump-position-visas
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
