For foreign executives, managers, and specialized knowledge employees looking to expand their careers in the United States, the L-1 visa offers a valuable opportunity. Designed for intracompany transferees, the L-1 visa allows multinational companies to transfer key employees to their U.S. branches. While the L-1 is a temporary visa, it can serve as a stepping stone to legal permanent residency (a green card).
Understanding the L-1 Visa
The L-1 visa is divided into two categories:
- L-1A Visa – For executives and managers transferring to a U.S. office or setting up a new one. This visa is valid for up to seven years.
- L-1B Visa – For employees with specialized knowledge of the company’s products, processes, or operations. This visa is valid for up to five years.
Pathway from L-1 Visa to a Green Card
The L-1 visa is a dual intent visa, meaning holders can apply for permanent residency without violating their visa status. Here’s how an L-1 visa holder can transition to a green card:
Step 1: Apply for an EB-1C Green Card (for L-1A Visa Holders)
The EB-1C visa is an employment-based green card designed for multinational managers and executives. If you are on an L-1A visa and meet the following criteria, you can apply for an EB-1C:
– Worked for a qualifying multinational company for at least one year in the past three years before entering the U.S.
– Hold an executive or managerial role in the U.S. business.
– The U.S. company has been operating for at least one year and is financially stable.
Step 2: Employer Files an I-140 Petition
Your U.S. employer must file Form I-140, Immigrant Petition for Alien Worker, on your behalf with U.S. Citizenship and Immigration Services (USCIS).
- If a visa number is available, you may proceed to the next step.
- The EB-1C category typically has faster processing times compared to other employment-based green cards because it does not require labor certification (PERM).
Step 3: Apply for Adjustment of Status (I-485) or Consular Processing
Once the I-140 is approved, the next step is to adjust your status to a green card holder:
- If you are already in the U.S. on an L-1 visa, you can file Form I-485 (Adjustment of Status).
- If you are outside the U.S., you must complete consular processing at a U.S. embassy.
Once approved, you will receive your green card, granting you permanent residency!
Can L-1B Visa Holders Get a Green Card?
L-1B visa holders do not directly qualify for an EB-1C green card but may still pursue a green card through the EB-2 or EB-3 category. These categories require PERM labor certification, where the employer must prove no qualified U.S. workers are available for the position.
Why the L-1 Visa is a Strong Pathway to a Green Card
– No H-1B lottery: Unlike the H-1B visa, the L-1 visa is not subject to a random selection process.
– Dual intent: You can apply for a green card without violating your visa status.
– No labor certification (for L-1A holders): The EB-1C green card does not require proving that no U.S. workers can fill the role.
– Faster processing: The EB-1C category often has shorter wait times compared to other employment-based green cards.
Final Thoughts
If you are a foreign executive, manager, or specialized knowledge employee working for a multinational company, the L-1 visa can be an excellent pathway to obtaining permanent residency in the United States. The EB-1C green card provides a streamlined process for L-1A visa holders, while L-1B holders can still pursue other employment-based green cards.
If you need guidance on navigating the L-1 to green card process, Visa Immigration Pro is here to help! Contact us today for expert assistance.
