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H-1B vs L-1

The H-1B works with any employer hiring you for a specialty occupation, but it goes through the annual lottery. The L-1 has no lottery or cap, though it only covers a transfer within your own company after at least a year working there. Both allow dual intent; the L-1 also lets your spouse work.

These two categories differ on 7 of 10 criteria. The full table is below, but if you only have a minute, these are the differences that decide a case.

Where they part ways

  • What it is for

    H-1B Work in a specialty occupation

    L-1 Transfer within the same company

  • Needs a sponsor

    H-1B Yes, an employer offer

    L-1 Yes, your own company

  • Annual cap

    H-1B 65,000 plus 20,000 for master's

    L-1 No cap

  • Lottery

    H-1B Yes, March registration

    L-1 None

  • Duration

    H-1B 3 years, up to 6

    L-1 L-1A up to 7 years, L-1B up to 5

  • Spouse may work

    H-1B H-4, only with an approved I-140

    L-1 Yes, on an L-2

  • Path to residence

    H-1B Yes, the usual route

    L-1 Yes, EB-1C for executives

Full comparison

CriterionH-1B H-1B visaL-1 L-1 visa
What it is for The activity the category authorises. Work in a specialty occupation Transfer within the same company
Needs a sponsor Whether someone else has to petition for you. Yes, an employer offer Yes, your own company
Annual cap How many are issued per fiscal year. 65,000 plus 20,000 for master's No cap
Lottery Whether access depends on a random selection. Yes, March registration None
Prior USCIS petition Whether a form must be approved before the consulate. Yes, Form I-129 Yes, Form I-129
Duration Initial term and cumulative ceiling. 3 years, up to 6 L-1A up to 7 years, L-1B up to 5
Dual intent Whether you can pursue residence without risking the status. Yes Yes
Spouse may work Whether your partner is authorised to work. H-4, only with an approved I-140 Yes, on an L-2
Path to residence Whether it leads to a green card or is one already. Yes, the usual route Yes, EB-1C for executives
Chile's position What being Chilean changes. No particular advantage No particular advantage

Figures verified on 2026-09-11

This table is general guidance, not legal advice or an eligibility assessment.

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