How do I determine whether a position requires H-1B or L-1B?

The choice between H-1B and L-1B depends less on the job title and more on two factors: the nature of the role and the professional’s relationship with the company. As a general rule, new hires point to the H-1B; internal transfers point to the L-1B.

The H-1B is the pathway for specialty occupations, which require a degree in the relevant field. It is typically the route when a U.S. company hires someone who was not previously part of the organization to fill a specialized position.

The L-1B is for individuals who already work for the company abroad and hold specialized knowledge of its processes, products, or services, and are being transferred to a U.S. entity. The decisive factor here is a prior relationship with a parent, subsidiary, or affiliate, and the transfer of know-how between units within the same corporate group.

• External hire for a specialized role: H-1B profile.
• Internal transfer of specialized knowledge within the corporate group: L-1B profile.
• Review the job description, the required qualifications, and the candidate’s history with the company.

Because the requirements for each category have nuances that change over time, it is best to confirm the current rules with USCIS or with a qualified specialist before deciding on a petition pathway.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.