By Richard T. Herman, Immigration Attorney
Founder, Herman Legal Group

Quick Answer (What Changed in 2025-2026?)

The H-1B program in 2026 is undergoing the most aggressive restructuring in decades: a proposed $100,000 H-1B filing fee, a weighted wage-based lottery, strict remote-work enforcement, massive RFE surges, and mandatory site visits.

By contrast, L-1A/L-1B visas avoid the H-1B lottery entirely, do not require prevailing wage or an LCA, avoid the new fee, and offer a fast-track EB-1C green card for managers and executives.

If you qualify for both → L-1A is almost always the stronger, safer, and faster 2026 strategy.

Fast Facts

H-1B – Specialty Occupation

Bachelor’s degree required
Subject to annual cap & lottery
Prevailing wage required
Max stay 6 years
Green card: PERM → EB-2/EB-3
H-4 spouses: limited work rights
2026: $100K fee, RFEs, site-visits
Best when hiring talent externally

L-1A / L-1B – Intracompany Transfer

No degree requirement
No lottery
No prevailing wage
L-1A: 7 years; L-1B: 5 years
Green card: L-1A → EB-1C
L-2 spouses: automatic work authorization
Best for transferring insiders from global affiliates

What the H-1B Visa Is (2026 Edition)

The H-1B allows U.S. employers to hire foreign professionals for specialty occupations requiring at least a bachelor’s degree. Most employers must go through the H-1B lottery and comply with wage, LCA, and audit obligations.

2026 makes H-1B the most expensive and regulated version in its history.

What the L-1 Visa Is (2026 Edition)

The L-1 visa allows multinational companies to transfer employees from a foreign office to a U.S. office.

L-1A

Executives & managers
Max stay: 7 years
Green card: EB-1C (fastest employment-based path)

L-1B

Specialized knowledge employees
Max stay: 5 years
Often must go through PERM for green card

Official references:

Side-By-Side Table: L-1 vs H-1B (2026)

Feature	H-1B	L-1A / L-1B
Degree required?	Yes	No
Annual lottery?	Yes	No
Prevailing wage?	Yes	No
New $100K fee?	Yes	No
Max stay	6 years	7 (L-1A) / 5 (L-1B)
Green-card path	PERM → EB-2/EB-3	EB-1C fast track (L-1A)
Spouse work rights	H-4 EAD (limited)	Automatic for L-2
RFE rates	Very high	Moderate
Site visits	Aggressive	Increasing
Best used for	External hiring	Transferring insiders

The H-1B Crisis of 2026

The 2025–2026 period is the most restrictive era in H-1B history. The immigration bar widely refers to it as “The War on H-1B.”

1. The $100,000 Filing Fee

A proposed federal regulation adds a $100,000 government fee onto new H-1B petitions.
Coverage:

This fee is intended to drastically reduce new H-1B filings, especially from:

Startups
Universities
Hospitals
Research institutions
Early-career STEM employers

HLG analysis:

2. Weighted Lottery (FY 2026 Proposal)

If finalized, the H-1B lottery will not be random.
It will rank registrations by wage level:

Level IV wages dominate
Entry-level STEM roles nearly excluded
Research, nonprofit, and public-sector roles disadvantaged

3. RFEs, Denials & Site Visits Exploding

USCIS is issuing RFEs at unprecedented rates.
Triggers include:

“Specialty occupation” mismatch
Remote/hybrid inconsistencies
Weak employer-control evidence
O*NET classification disputes
Third-party placement restrictions

HLG resource:

H-1B Transfer Denial: Top Reasons & Fixes

The “War on H-1B” — How Employers Are Responding

Facing $100K fees and regulatory hostility, employers nationwide are pivoting:

A. Shifting to L-1

Companies hire abroad for 1 year, then transfer to the U.S.
HLG resource:

L-1 Intracompany Transferee Visa Guide

B. Outsourcing to India, Mexico, Canada

Finance → Mumbai
Tech → Bengaluru
Manufacturing → Mexico & Canada
Data science → Eastern Europe

C. Hiring Canadians via TN

TN avoids:

Lottery
$100K fee
Prevailing wage
LCA
Most RFEs

D. Using O-1 for top STEM talent

O-1A skyrocketing in popularity.
HLG resource:

US Business Expansion Guide (L-1 / O-1 Strategy)

L-1 Visa in 2026: More Stable, More Evidence

1. L-1B Specialized Knowledge Requires Strong Evidence

Must prove:

Proprietary or advanced internal knowledge
Organizationally specific know-how
Detailed job descriptions
Org charts and training materials

2. L-1A Functional Manager Standard Tightened

Requires:

Real decision-making authority
High-level responsibility
Direct or indirect staff control

3. L-1 New-Office Petitions Scrutinized

Requires business plans, budgets, hiring projections, lease agreements, org charts.

4. L-1 Site Visits Increasing

But still less intense than H-1B FDNS visits.

5. EB-1C = Fastest Green Card in 2026

L-1A holders remain eligible for EB-1C, which bypasses PERM entirely.

Green Card Comparison: EB-1C vs PERM

L-1A → EB-1C (Fastest)

No PERM
No labor market test
Shorter processing time
Strong category even in 2026

H-1B / L-1B → PERM → EB-2/EB-3

DOL audits rising
Prevailing wage inflation
Multi-year queues

If you qualify for EB-1C, L-1A is the far superior 2026 strategy.

Cost Comparison (2026)

Cost Type	H-1B	L-1
Filing fees	Very high	Moderate
Attorney fees	Moderate	Higher for complex L-1A
$100K Fee	Yes	No
Prevailing wage	Required	No
RFE risk	Very high	Moderate
Site-visit impact	High	Medium

When to Choose H-1B

Choose H-1B when:

You’re hiring external talent
The job requires a degree
Worker wants employer portability
You accept lottery + $100K fee + RFEs

When to Choose L-1

Choose L-1 when:

Employee works for a foreign affiliate
U.S. role is executive/managerial or specialized knowledge
You want to avoid H-1B lottery + $100K fee
You want the fastest path to a green card (EB-1C)

Comprehensive 60-Question FAQ (L-1 vs H-1B)

ELIGIBILITY & BASICS

Q1. What is the key difference between H-1B and L-1 in 2026?

A. H-1B hires external professionals; L-1 transfers insiders from foreign affiliates. H-1B requires a degree and lottery; L-1 does not.

Q2. Which visa is faster in 2026 — H-1B or L-1A?

A. L-1A is faster because it avoids the lottery and leads directly to EB-1C (no PERM).

Q3. Does L-1 require a degree?

A. No. L-1 eligibility is based on job role and qualifying relationship, not academic credentials.

Q4. Does H-1B require a degree in the exact same major?

A. Usually yes. USCIS expects the degree major to align closely with job duties.

Q5. What is the one-year abroad rule for L-1?

A. The employee must have worked abroad for a qualifying employer for one continuous year within the last three years.

Q6. Which visa avoids the lottery in 2026?

A. The L-1 avoids the lottery; H-1B remains subject to the cap.

Q7. Can I apply for both H-1B and L-1 simultaneously?

A. Yes. Dual strategy is common for multinational companies.

Q8. Does L-1 require an LCA?

A. No. Only H-1B requires an LCA through the Department of Labor.

Q9. Which visas allow dual intent?

A. Both H-1B and L-1 allow dual intent (nonimmigrant + immigrant intent).

Q10. Can a startup file H-1B or L-1?

A. Yes. H-1B is difficult for startups due to wage and control evidence; L-1 new office requires robust documentation.

2026 POLICY CHANGES & IMPACT

Q11. Does the $100,000 filing fee apply to L-1?

A. No. This proposed fee applies only to new H-1B petitions.

Q12. Will all H-1B applicants pay the $100K fee?

A. Only new H-1B petitions; extensions and amendments are exempt.

Q13. Is the H-1B weighted lottery likely to pass?

A. DHS indicated intent to finalize wage-ranking for FY 2026; final rule expected in the Federal Register.

Q14. Does the wage-weighted lottery hurt entry-level applicants?

A. Yes. Level I and Level II wage positions will have dramatically lower selection odds.

Q15. Why are H-1B RFEs increasing in 2026?

A. USCIS has heightened scrutiny of specialty occupation, employer control, remote work, and O*NET classification alignment.

Q16. Are L-1 RFEs rising too?

A. Yes—especially for L-1B specialized knowledge and L-1A functional managers, but still lower than H-1B.

Q17. Does USCIS require in-office work for H-1B?

A. Remote work is allowed but requires strict LCA location accuracy.

Q18. Does remote work affect L-1 eligibility?

A. Possibly. USCIS may challenge managerial or specialized-knowledge structure if remote work undermines control or supervision.

Q19. Has the PERM process slowed in 2026?

A. Yes. Prevailing wage determinations and audits have increased nationally.

Q20. Is EB-1C affected by PERM delays?

A. No. EB-1C (for L-1A managers/executives) bypasses PERM entirely.

GREEN CARD QUESTIONS

Q21. Which is faster for a green card — H-1B or L-1A?

A. L-1A via EB-1C is significantly faster.

Q22. Does L-1B qualify for EB-1C?

A. No. Only L-1A managers/executives qualify.

Q23. Can L-1B convert to L-1A?

A. Yes—if promoted into a qualifying managerial/executive role.

Q24. Does H-1B always require PERM for a green card?

A. Almost always, except for rare EB-1 extraordinary ability cases.

Q25. How long does an H-1B-based PERM green card take in 2026?

A. Typically 2–4+ years depending on audits and priority date backlogs.

Q26. Is EB-1C still strong under the 2026 Trump/Vance policies?

A. Yes. EB-1C remains the fastest and least politically targeted category.

Q27. Can an L-1A petition and EB-1C be filed together?

A. Yes. Concurrent filings are allowed.

Q28. Can an H-1B worker switch to L-1A for EB-1C portability?

A. Only if they worked abroad for one year for the qualifying employer.

Q29. Can L-1B workers apply for EB-2 NIW?

A. Yes. EB-2 NIW is independent of L classification.

Q30. Can an L-1A spouse apply for green card separately?

A. Yes. Derivatives can file independently if needed.

WORK AUTHORIZATION & DEPENDENTS

Q31. Can my spouse work on L-2 in 2026?

A. Yes. L-2 spouses are employment authorized incident to status.

Q32. Do H-4 spouses get automatic work authorization?

A. No. They need an H-4 EAD, which requires H-1B PERM/I-140 progress.

Q33. Do L-2 children get work authorization?

A. No. Only spouses qualify.

Q34. Do H-4 children get work authorization?

A. No.

Q35. Can dependents attend school on both visas?

A. Yes. Both H-4 and L-2 children can attend U.S. schools.

Q36. Can my spouse change from H-4 to L-2?

A. Yes. Change of status is possible if the principal changes to L-1.

Q37. Can dependents travel while the principal changes status?

A. Travel may affect COS applications; consult with counsel first.

Q38. Can my L-1 spouse get a green card faster than me?

A. Yes—if they qualify independently for EB-1 or NIW.

Q39. Can dependents be included in both H-1B and L-1 petitions?

A. Yes. H-4 for H-1B; L-2 for L-1.

Q40. Can a fiancé(e) accompany an H-1B or L-1 worker?

A. No. They need their own visa until married.

PORTABILITY, TRAVEL & SWITCHING VISAS

Q41. Can H-1B workers change employers freely?

A. Yes, through H-1B portability rules (new employer must file a petition).

Q42. Can L-1 workers change employers?

A. No. L-1 is tied to the specific multinational organization.

Q43. Can I switch from H-1B to L-1?

A. Only if the one-year foreign employment requirement is met.

Q44. Can I switch from L-1 to H-1B?

A. Yes—but subject to the H-1B cap and $100K fee.

Q45. Can I move from L-1B to H-1B to avoid the 5-year limit?

A. Yes. Common strategy, but must win the H-1B lottery.

Q46. Can I travel internationally while my petition is pending?

A. For COS cases, travel may cancel the request; consular processing may be required.

Q47. Can I work while my H-1B transfer is pending?

A. Often yes, under portability rules—if properly filed.

Q48. Can an L-1A promote into an EB-1C role after entering the U.S.?

A. Yes. Promotions can support EB-1C eligibility.

Q49. Can I hold H-1B and L-1 approvals at the same time?

A. Yes. Only one status can be active at a time.

Q50. Can I do short business trips while on L-1 or H-1B?

A. Yes, using valid visa and documentation.

COMPLIANCE & WORKPLACE ISSUES

Q51. Are H-1B site visits mandatory in 2026?

A. Yes—FDNS site visits are now standard.

Q52. Are L-1 site visits common?

A. Increasing, but less aggressive than H-1B inspections.

Q53. Can remote/hybrid work cause H-1B denial?

A. Yes, if the LCA does not list every worksite accurately.

Q54. Can remote work cause L-1 denial?

A. Yes, if it undermines managerial/specialized knowledge role.

Q55. Does USCIS check if I actually work at the address listed?

A. Yes. Mismatch can trigger RFEs or revocations.

Q56. Is third-party placement allowed on H-1B?

A. Very restricted; USCIS requires detailed contracts and control evidence.

Q57. Is third-party placement allowed on L-1?

A. Possible but heavily scrutinized.

Q58. Can job duty changes require amended petitions?

A. Yes—for both H-1B and L-1 in many situations.

Q59. What happens if an L-1 new-office petition fails to grow fast enough?

A. USCIS may deny the extension; evidence of business activity is critical.

Q60. Does Ohio have different processing times for H-1B or L-1?

A. No. USCIS service centers handle petitions nationally, but Ohio employers frequently rely more on L-1 due to global operations in Cleveland, Columbus, Cincinnati, Dayton, and Akron.

Ohio Immigration Strategy (2026)

Cleveland

Cleveland Clinic, Parker Hannifin, Sherwin-Williams

Columbus

Intel semiconductor megaproject, Nationwide Insurance, Ohio State University

Cincinnati

P&G, Kroger, GE Aerospace

Dayton / Akron / Youngstown

Aerospace, polymers, advanced manufacturing

Ohio employers heavily rely on L-1 to mobilize leadership and specialized knowledge from global affiliates.

Compliance Corner (2026)

Ohio & National Immigration Lawyer Comparison (2026 — Updated with Links)

Ohio Firms

Herman Legal Group — Ohio’s Premier Immigration Law Firm
Herman Legal Group – Ohio Immigration Lawyers
30+ years of immigration-only practice; offices in Cleveland, Columbus, Cincinnati, Dayton.

Margaret Wong & Associates
imwong.com

Sintsirmas & Mueller Co., L.P.A.
smimmigrationlaw.com

Shihab Burke, LLC Attorneys At Law
shihabimmigrationfirm.com

Treviño Law, LLC
trevinolaw.com

National Firms

Fragomen
BAL – Berry Appleman & Leiden
Murthy Law Firm
Seyfarth Shaw – Immigration Practice
Cyrus Mehta & Partners

Where Herman Legal Group Stands Out

Elite H-1B RFE & denial defense
Strong in L-1A functional managers & L-1B specialized knowledge
Deep EB-1C experience
Ohio-based but national reach
Multilingual, global-mobility focused

Resource Directory

Government

USCIS H-1B:
https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations
USCIS L-1A/L-1B:
https://www.uscis.gov
DOL H-1B/LCA & PERM:
https://www.dol.gov
O*NET Job Database:
https://www.onetonline.org
Federal Register:
https://www.federalregister.gov

Media & Research

American Immigration Council:
https://www.americanimmigrationcouncil.org/blog/uscis-implements-h1b-100000-fee/
Reuters (H-1B fee coverage):
https://www.reuters.com/world/us/us-new-h-1b-visa-fee-will-not-apply-existing-holders-axios-reports-2025-09-20/
Business Insider (White House statements):
https://www.businessinsider.com/white-house-h1b-visa-fee-status-2025-9

HLG Articles

Author Bio / Profile

Expert on Immigration Law, Attorney Richard Herman — Immigration Attorney Richard Herman

Richard T. Herman, Esq. is the founder of the Herman Legal Group and co-author of Immigrant, Inc.: Why Immigrant Entrepreneurs Are Driving the New Economy (and How They Will Save the American Worker). He has spent over 30 years helping companies and professionals navigate U.S. immigration law.
• Bio page (HLG): lawfirm4immigrants.com/attorneys/richard-herman/
• Book a consultation (HLG): lawfirm4immigrants.com/book-consultation/
• Firm home (HLG): lawfirm4immigrants.com

Key Takeaways

Purpose split: H-1B = hire a degree-level professional into a U.S. role; L-1 = transfer an existing employee from a foreign affiliate into the U.S. entity.
Cap & timing: H-1B is cap/lottery-subject (plan early); L-1 has no cap (file on business timeline if eligible).
Wage compliance: H-1B requires LCA and prevailing wage (DOL); L-1 has no LCA, but relationship/role scrutiny is high.
Family work rights: L-2 spouses generally have broader work authorization than H-4 spouses.
Green-card runway: L-1A → EB-1C (often fastest, no PERM). H-1B/L-1B → EB-2/EB-3 + PERM (timelines vary).
Who should choose what: Pick H-1B when hiring from the open market for degree-level roles; pick L-1 when intra-company transfer is feasible and you want no lottery and a potential EB-1C path.