If you currently hold a temporary L-1 work visa but are looking to settle in the United States on a permanent basis, you may be able to apply to go from an L1 visa to Green Card based on your employment.

The L1 visa is known as a ‘dual intent’ visa, which means holders are permitted to lawfully enter the United States on a time-limited, nonimmigrant basis, while at the same time allowing potential intent to change to immigrant status (ie apply for a Green Card) while present in the US once you become eligible.

In this guide, we set out the key eligibility and process requirements for L1 visa holders to obtain a US Green Card.

 

How long can you stay in the US with an L1 Visa?

 

The Intra-Company Transfer, or L-1, visa is a nonimmigrant work visa for a qualifying employee of a multinational company to be temporarily transferred to a parent, branch, affiliate or subsidiary of the same company in the United States. Once granted, the L1 visa can be renewed in increments of two years at a time until you have reached the maximum permissible period. This will depend upon the subcategory of visa that you currently hold.

The L1A visa, for employees transferring to the US in a managerial or executive capacity, can be renewed for a maximum period of up to seven years. The L1B visa, for those with specialized knowledge about the products, procedures or management within their organisation, can only be extended for a period of up to five years.

If you have been granted an L1 visa to open a new office in the United States, your visa will initially last for just one year. Where you are an employee transferring to a US affiliated office, your L1 visa will be granted for a period of three years.

It is possible to transfer from an L1B to an L1A visa, although any application must be approved six months prior to the expiry of your existing visa. You must also satisfy the eligibility criteria for an L1A visa, namely by being employed in a managerial or executive role.

To remain in the US beyond the maximum visa period, L-1 visa holders will need to make an application to adjust their status under a relevant immigration category, such as applying for a Green Card for permanent residence to stay in the US indefinitely.

 

Pathways from L1 Visa to Green Card

 

The L1 vis offers a stepping stone to obtaining permanent residency through employment-based Green Card categories.

L1 visa holders, depending on their role within their company and their qualifications, have several employment-based Green Card categories available to them. The most common pathways include the EB-1C Green Card for multinational executives and managers and the EB-2 and EB-3 Green Cards for advanced degree professionals and skilled workers.

Each category has specific eligibility criteria and processes, making it essential to choose the one that best aligns with the applicant’s professional background and career goals.

 

EB-1C Green Card for Multinational Executives and Managers

 

The EB-1C Green Card is an ideal pathway for L1A visa holders, specifically designed for multinational executives and managers. This category is advantageous due to its relatively straightforward eligibility criteria and exemption from the Labor Certification (PERM) process.

To qualify for the EB-1C, the applicant must have been employed as a manager or executive with the petitioning employer for at least one of the three preceding years. The US employer must be a subsidiary, affiliate, or branch of the foreign company where the applicant was previously employed.

The application process involves the employer filing Form I-140 (Immigrant Petition for Alien Worker) on behalf of the applicant. Upon approval, the applicant can then file Form I-485 (Application to Register Permanent Residence or Adjust Status) if they are already in the US, or proceed with consular processing if they are abroad.
EB-2 and EB-3 Green Cards for L1B Visa Holders.

L1B visa holders, who are transferred to the US due to their specialized knowledge, can pursue the EB-2 or EB-3 Green Card categories. These categories cater to professionals with advanced degrees, exceptional abilities, and skilled workers.

 

EB-2 Advanced Degree Professionals or Those with Exceptional Ability

 

The EB-2 category requires the applicant to have an advanced degree or its equivalent, or demonstrate exceptional ability in their field. Applicants may also qualify under the National Interest Waiver (NIW) if they can prove that their work benefits the national interest of the US.

Generally, EB-2 applicants need to obtain a Labor Certification (PERM) to prove that no qualified US workers are available for the position. The employer must file this certification with the Department of Labor before petitioning for the Green Card.

After obtaining the Labor Certification, the employer files Form I-140. Once approved, the applicant files Form I-485 or undergoes consular processing.

 

EB-3 Skilled Workers, Professionals, and Other Workers

 

The EB-3 category includes skilled workers (with at least two years of training or experience), professionals (with a US bachelor’s degree or foreign equivalent), and other workers performing unskilled labor.

Similar to EB-2, the EB-3 process requires a Labor Certification to ensure there are no qualified US workers for the job. Following the Labor Certification, the employer files Form I-140. Upon approval, the applicant can proceed with Form I-485 or consular processing.

 

How to Transition from L1 Visa to Green Card

 

The process of changing status from L1 visa to Green Card is known as an adjustment of status, whereby you are applying for lawful permanent resident status while already present in the United States. The requirements will depend on whether you hold an L-1A or L-1B visa.

 

L-1 A visa to Green Card

 

As an executive or manager of a multinational company, you would generally be looking to file for an employment Green Card under the EB1C category. The criteria under this Green Card category are similar to those for the L-1A requirements.

To be eligible for an EB1C visa you must:

 

• Have been employed in a managerial or executive capacity at a company or organisation outside the United States for at least a year during the three years preceding the petition.
• Have entered the US to continue service with that company or organisation, or an affiliate or subsidiary, again in a managerial or executive capacity.
• Your US employer must have been doing business for at least one year, as an affiliate, a subsidiary, or as the same company or organisation that employed you abroad.
• There must continue to be a qualifying relationship between the US and overseas company or organisation, meaning that there needs to be common ownership and control.

 

A significant benefit of the L1 visa to Green Card path via the EB1C category is that there is no PERM Labor Certification requirement.

In most cases there are two sets of forms to be submitted: an immigrant petition and the Green Card application.

To begin the petition process for an EB1C visa your US, employer must complete and sign Form I-140, Petition for a Nonimmigrant Worker.

Typically, you will be required to have an approved immigrant petition before you can file a Form I-485, Application to Register Permanent Residence or Adjust Status, although in some cases you may be able to file both forms concurrently.

Once your I-485 application is received, you will be given notice of your biometrics appointment. Your biometric information, ie; your fingerprints, photo and signature, will be used to verify your identity and conduct required background and security checks.

Your case will then be reviewed to determine whether or not an adjustment of status interview is necessary. If so, you will be required to appear at a USCIS office to answer questions under oath or affirmation regarding your Form I‑485. You must bring originals of all documentation submitted with your application, including your passport or official travel documents.

Assuming no further documentation is required, USCIS will make a decision on your application and you will be sent written notice of this. If your application is approved, you may receive an approval notice first and your green card later.

If your application is denied, the decision notice will tell you the reason(s) why and whether you may appeal the decision. Generally, you cannot appeal the decision to deny an adjustment of status application, although you may still be eligible to file a motion to reopen or reconsider.

 

L-1B visa to Green Card

 

To gain permanent residency with L1B status, where you are working in a non-management role as a “specialized knowledge” worker, eligible applicants will usually apply under the EB2 category (advanced degree) or the EB2 category (skilled or professional worker).

This requires your US employer to obtain an approved labor certification from the US Department of Labor (DOL) before submitting the immigration petition. The DOL labor certification verifies the following:

 

• That there are insufficient available, qualified and willing US workers to fill the position being offered at the prevailing wage.
• Hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed US workers.

 

Unfortunately, this process can result in extremely long delays, making the change to Green Card for L1B visa holders generally more complicated and protracted than for L1A visa holders.

The first stage is for your sponsoring employer to obtain a PERM Labor Certification on your behalf. Essentially, this requires the employer to confirm you will be paid the prevailing wage rate and to test the US residential market and confirm that no US citizen or US permanent residents are available to undertake the role in question. This is inevitably a complex and lengthy process, generally taking around 8 months to complete, which includes a 30-day job order requirement, the subsequent 30-day waiting period and the 6-month processing time for the ETA-9089 application.

Following the PERM labour certification, your sponsor is to file the I-140 petition for you. The overall processing time will also be dependent on when your priority date becomes current. Your priority date will be set as the date USCIS receive your petition. You will need to follow the US Visa Bulletin to check when your priority date has become current – which means you can then proceed to submit your form I-485 and have your status adjusted to legal permanent resident if in the US or go through consular processing and a visa interview if you are overseas.

Premium processing of your I-140 form is available for a fee, which reduces processing from six months to 15 calendar days.

 

How long does it take to go from an L1 Visa to a Green Card?

 

In most cases, the processing time to go from L-1A visa to Green Card can be up to twelve months, while the L-1B to Green card can take upwards of 18 months, depending on when your priority date becomes current.

For L-1B visa holders, the PERM Labor Certification stage can take around 8 months, but this may be closer to two years if your sponsor is subject to supervised recruitment or an audit. Processing of the I-140 form can take 6 months to process, although this will depend on the caseload and service status of the centre that is processing the petition. You will then need to wait for your priority date to become current, which for EB2 categories can take anywhere from a few months to a number of years. It can take between 8 and 15 months for the I-485 form to be processed, with a further wait of around 6 months for your Green Card to be issued to you.

 

Can L2 visa holders apply for a Green Card?

 

L-2 visa holders can also apply for a Green Card by being included in the primary L-1 visa holder’s application to adjust status.

 

Need Assistance?

 

The eligibility criteria for going from L1 visa to Green Card are strict and you should prepare for high levels of scrutiny throughout the application process.

NNU Immigration specializes in the L1 visa route and Green Card applications. Our US immigration attorneys are on hand to support you throughout the petitioning process and advise on the necessary supporting documentation to evidence your eligibility. Contact us for advice.

 

L1 Visa to Green Card FAQs

 

 

Can an L1 visa holder apply for a Green Card?

Yes, an L1 visa holder can apply for a Green Card. The most common pathways include the EB-1C Green Card for multinational executives and managers, which is ideal for L1A visa holders, and the EB-2 or EB-3 Green Cards for professionals and skilled workers, suitable for L1B visa holders. Each category has specific eligibility requirements, and the process typically involves filing Form I-140 (Immigrant Petition for Alien Worker) and either adjusting status in the US or undergoing consular processing abroad.

 

Can I apply for a green card while on an L1 visa?

You may be able to apply for a green card while on an L1 visa under the dual intent rules, which allow L1 visa holders to seek permanent residency. The most common path is through employment-based categories, such as EB-1C for multinational managers and executives, which often matches the qualifications of L1 visa holders.

 

What is the EB-1C category, and how does it relate to the L1 visa?

The EB-1C category is for multinational managers and executives seeking a green card. It directly aligns with the L1 visa, especially for those on L1A, as it requires similar qualifications. To apply, you must have been employed by the petitioning employer abroad for at least one year in the three years preceding your application.

 

What are the steps to transition from an L1 visa to a green card?

Transitioning from an L1 visa to a green card typically involves the employer filing Form I-140, Immigrant Petition for Alien Worker, on your behalf. Once approved, you can file Form I-485, Application to Register Permanent Residence or Adjust Status, if you are in the US Alternatively, consular processing is available if you are outside the US.

 

How long does it take to get a green card from an L1 visa?

The time it takes to get a green card from an L1 visa varies. For EB-1C applicants, the process can take several months to over a year, depending on USCIS processing times and visa availability. Premium processing is available for Form I-140, which can expedite the initial petition approval.

 

What happens to my L1 visa status while my green card application is pending?

While your green card application is pending, your L1 visa status remains valid, and you can continue to live and work in the US. If your L1 visa expires, you may need to extend it or obtain an Employment Authorization Document (EAD) to maintain your work authorization during the adjustment of status process.

 

Can my family members also get a green card through my L1 visa?

Yes, your immediate family members (spouse and unmarried children under 21) can also apply for green cards through your L1 visa. They can be included in your Form I-485 application or apply separately, allowing them to obtain permanent residency along with you.

 

Are there any risks involved in applying for a green card while on an L1 visa?

While the L1 visa allows dual intent, there are risks, such as denial of the green card application, which could affect your ability to stay in the US. It is essential to ensure your petition is thoroughly prepared and meets all eligibility criteria to minimize these risks.

 

What should I do if my green card application is denied while on an L1 visa?

If your green card application is denied, you can continue to stay in the US on your L1 visa as long as it remains valid. You may appeal the denial or reapply, addressing the issues that led to the rejection. Consulting with an immigration attorney can help you understand your options and improve your chances of success.

 

What is the EB-1C Green Card, and who is eligible?

The EB-1C Green Card is for multinational executives and managers, making it an ideal option for L1A visa holders. To be eligible, the applicant must have been employed as a manager or executive by the petitioning employer for at least one of the three preceding years and must be transferring to a US branch, subsidiary, or affiliate of the same employer. This category is advantageous because it does not require a Labor Certification, streamlining the Green Card application process.

 

What are the benefits of the EB-1C Green Card for L1A visa holders?

The EB-1C Green Card offers several benefits for L1A visa holders, including a relatively straightforward application process and exemption from the Labor Certification requirement. This category is specifically designed for multinational executives and managers, making it easier for L1A visa holders to transition to permanent residency. Additionally, the EB-1C Green Card often has shorter processing times compared to other employment-based Green Cards, allowing for a quicker path to permanent residency.

 

How can L1B visa holders transition to a Green Card?

L1B visa holders can transition to a Green Card through the EB-2 or EB-3 employment-based categories. The EB-2 category is for advanced degree professionals or individuals with exceptional ability, while the EB-3 category is for skilled workers, professionals, and other workers. Both categories generally require a Labor Certification to prove that no qualified US workers are available for the position. After obtaining the Labor Certification, the employer files Form I-140, and the applicant can then file Form I-485 or undergo consular processing.

 

What is the Labor Certification (PERM) process, and is it necessary for L1 visa holders?

The Labor Certification (PERM) process is a requirement for most EB-2 and EB-3 Green Card applications. It involves the employer proving to the Department of Labor that there are no qualified US workers available for the position being offered to the foreign worker. This process ensures that the hiring of a foreign worker will not negatively impact the job opportunities or wages of US workers. While it is necessary for L1B visa holders transitioning through EB-2 or EB-3 categories, it is not required for L1A visa holders applying for an EB-1C Green Card.

 

What is the difference between adjusting status and consular processing for Green Card applications?

Adjusting status and consular processing are two ways to obtain a Green Card. Adjusting status is for applicants already in the US on a valid visa; they can file Form I-485 to change their status to permanent resident without leaving the country. Consular processing is for applicants outside the US; they must apply for an immigrant visa at a US consulate or embassy in their home country. Both processes ultimately lead to obtaining a Green Card, but the choice depends on the applicant’s current location.

 

How long does it take to get a Green Card through the EB-1C category?

The processing time for an EB-1C Green Card can vary but generally takes between 6 months to 1 year. This timeframe includes the adjudication of Form I-140 (Immigrant Petition for Alien Worker) and the subsequent Form I-485 (Application to Register Permanent Residence or Adjust Status) if applying from within the US Processing times can be influenced by factors such as the workload of the USCIS service center handling the application and whether there are any requests for additional evidence.

 

Can an L1 visa holder continue working while their Green Card application is being processed?

Yes, an L1 visa holder can continue working for their employer while their Green Card application is being processed, provided their L1 visa status remains valid. It is important to ensure that the L1 visa is not expired and that any necessary extensions are filed on time. Additionally, once the Form I-485 is filed, the applicant can apply for an Employment Authorization Document (EAD), allowing them to work for any employer while their adjustment of status is pending.

 

What should an L1 visa holder do if their Green Card application is denied?

If an L1 visa holder’s Green Card application is denied, they should first review the denial notice to understand the reasons for the decision. They may be able to appeal the decision, file a motion to reopen or reconsider the case, or reapply with additional evidence. Consulting with an immigration attorney is advisable to explore the best options and address any issues that led to the denial. It’s important to maintain valid L1 visa status throughout this process to avoid legal complications.

 

This article does not constitute direct legal advice and is for informational purposes only.