H-1B, L-1 and Employer-Sponsored Green Cards in 2026: the Lottery, the $100,000 Fee Dispute and EB-2 and EB-3 Queues

Work routes are how most foreigners actually get US green cards, but they depend on an employer and on luck in the lottery. For business owners there is a route that depends on neither: the L-1A transfer. Below are the rules from USCIS, the Visa Bulletin and the BRIDGES L-1A page, checked on 4 November 2026.

H-1B: the lottery

H-1B is for specialty occupations that require at least a bachelor’s degree. The annual cap is 65,000 plus 20,000 for holders of US master’s degrees. Universities and non-profit research organisations are exempt from the cap. The employer registers the candidate in March for a $215 fee. From the fiscal year 2027 season, selection is weighted by the wage level offered: level IV gets four entries, level I gets one. The status is granted for 3 years and extended to 6, and beyond that with a pending or approved green card petition. H-1B allows immigrant intent, so you can pursue a green card at the same time.

The $100,000 fee

On 21 September 2025 a presidential proclamation required a $100,000 payment for certain new H-1B petitions. On 8 June 2026 a federal court in Massachusetts vacated it, and on 24 July 2026 the First Circuit refused to suspend that ruling. The proclamation was extended to September 2027, but as of early November 2026 the payment is not being collected. A separate DHS proposal for a similar fee is not final. I tell clients to watch this closely and not to rely on either outcome.

L-1A: transfer through your own company

L-1A is for a manager or executive transferred to a US parent, subsidiary, branch or affiliate. You need at least one continuous year of work in the foreign company within the last three years. A new US office gets 1 year first, then extensions up to 7 years in total. Nationality does not matter, which makes it a common choice for Russians and Belarusians who cannot use E-2. After the US company has operated for a year, the green card through EB-1C becomes possible, without labour certification.

Employer-sponsored green cards

For EB-2 and EB-3 the employer usually goes through PERM labour certification with the Department of Labor, proving no qualified US worker is available, and then files Form I-140. In the November 2026 bulletin, for most countries EB-2 has a final action date of 1 April 2025 and EB-3 of 15 June 2024. India and China wait much longer.

The 2026 proposal on extensions

On 14 October 2026 DHS proposed to remove deference to earlier approvals when H-1B, L-1, O-1 and E status is extended. Comments are open until 13 November 2026. If it becomes final, every extension will be reviewed from scratch.

My honest view

For employees, H-1B remains a lottery, so I treat it as one option among several. For owners of a real business abroad, L-1A followed by EB-1C is in my experience one of the most reliable paths to a green card. If your record is strong, compare with O-1 and EB-1A.