As economic globalization develops, intra-company personnel transfer between countries is more and more common, especially in multinational companies. Those who are transferred to work in the United States are granted L1 visas. The visa holder might be eligible to switch to permanent residence status. In this passage, we are going to introduce how to transform an L1 visa into a green card.
What Is L1 Visa?
The L-1 visa is one type of employment-based nonimmigrant visa. It is issued to transfer a member of a multinational company from a foreign office to the US and work temporarily. It is usually valid for 3-7 years and renewable. The visa holder might be eligible to change immigration status and apply for permanent residence after living in the country for a certain period. Depending on the eligible persons, an L1 visa can be divided into two categories: L-1A visa and L-1B visa.
L1 Visa Types Explained
The two L1 visa types target different persons and feature different validity. All applicants must have been working for at least 1 year without gaps for a qualifying company for 3 years before entering the US and coming to the US to work for a branch of the same employer or any qualifying organization
L-1A Visa
It is designed for intracompany transferee executives who can make an extensive decision without much oversight or managers who can supervise subordinate staff and manage the department/organization.
The initial validity is up to 3 years for employees of an existing US branch and 1 year for those who come to set up a new US branch. It can be extended to another 2 years each time until the visa holder has been staying for 7 years in total.
L-1B Visa
It is designed for professional employees with specialized knowledge which means special/advanced knowledge or expertise in products, services, etc.
Applicants who come to establish a new branch in the US will be issued a 1-year L-1B visa while others receive a 3-year one. Then it can be renewed and valid for another two years. All visa holders can stay in the country for up to 5 years.
L1 Visa to Green Card Process
First of all, you have to distinguish between immigrant and non-immigrant visa classification. The former leads to permanent residency (PR) while the latter does not. The L1 visa is a non-immigrant visa, so it cannot be converted to a green card (also known as a permanent residence card) directly. However, an L1 visa is a dual intent visa which means the holder temporarily stays in the US while having the intent of immigrating to the US at the time of application, which distinguishes it from general non-immigrant visas. In this case, employees can continue staying in the US and settle down after the visa expires. To change the status from an L1 visa to a green card, you must obtain an immigrant visa first and we will talk about it later.
What Green Card Options Are Available for L1 Visa Holders?
Employment-based (EB) Green Card is a common category that leads to the green card for L1 visa holders. It is divided into three types and each is designed for different groups of individuals.
EB-1C
- What Is EB-1C Visa
It is the third sub-category under the first preference of visa applications, which is usually issued to managers and executives of a multinational company on L1-A visas. These persons will also be given priority while applying for a green card.
- EB-1C Visa Requirements
To be eligible for EB-1C, both the employer and employee should satisfy a set of requirements listed below.
- The employee must have been employed as a manager or executive for at least one year in a foreign branch of the multinational corporation in a 3-year period before applications.
- The employer must have been doing business (i.e. selling products or providing services) for at least one year.
- The US employer must have a qualifying relationship with the foreign branch or organization and the employee must continue to perform in the same capacity after coming to the US.
- How to Apply for EB-1C Visa
Both the employer and the employee are involved in the application. Here is a general instruction.
- The employer files Form I-140, Immigrant Petition for Alien Workers with US Citizenship and Immigration Services (USCIS).
- Once the I-140 petition is approved, the employee physically in the United States should file Form I-485, Application to Register Permanent Residence or Adjust Status.
- Once the I-485 application is approved, the employee’s status will automatically change to lawful permanent residency (LPR).
- The employee physically in the United States should complete Form DS-160, submit applications, and have an interview at the US consular office. Once approved, the employee can enter the US under LPR status.
EB-2
- What Is EB-2 Visa
It is the second preference visa issued to professionals and talents with advanced degrees, extraordinary abilities, or a national interest waiver.
- EB-2 Visa Requirements
To be eligible for EB-2, applicants must satisfy one of the following requirements.
- Advanced Degrees
It refers to at least a US master’s degree (or equivalent in other countries), or a US bachelor’s degree plus 5-year experience within the related specialty. It can be proven by official academic records, diplomas, confirmation letters from current or former employers, etc.
- Exceptional Ability
It means more outstanding expertise than the ordinary level in the field of sciences, arts, or business. It can be demonstrated by professional license/certification, membership in a professional association(s), recognition of achievements from peers or organizations, etc.
- How to Apply for EB-2 Visa
The application process is similar to EB-1, and an extra PERM Labor Certification is needed. Here are the general steps.
- The sponsoring employer obtains PERM Labor Certification which approves hiring a foreign employee. The employer should file Form ETA-9089 to the Department of Labor (DOL) after a domestic recruitment for at least 30 days.
- Once approved, the employer file Form I-140, Immigrant Petition for Alien Worker to USCIS on behalf of the employee.
- The employee already in the US should file Form I-485, Application to Register Permanent Residence or Adjust Status no matter when the I-140 petition is pending or approved.
- The employee outside the US should go through a consular process to obtain an entry permit after receiving Form I-797, Notice of Action for approval of the I-140 petition.
EB-3
- What Is EB-3 Visa
It is the third preference visa issued to professionals, skilled workers, and unskilled workers.
- EB-3 Visa Requirements
To be eligible for EB-3, applicants must satisfy one of the following requirements.
- Professionals
The applicant must have a US bachelor’s degree (or equivalent in other countries) which is a normal requirement to take up the occupation.
The applicant will do the job that no local US employees are qualified for.
Educational/training records and work experience cannot be considered as the baccalaureate.
The applicant must satisfy all requirements listed on the labor certification.
A Labor certification and a permanent full-time job offer are required.
- Skilled Workers
The applicant must have at least 2 years of training, education, or work experience required on the PERM labor certification.
Related post-secondary education may be considered as training.
The applicant will do the job that no local US employees are qualified for.
A Labor certification and a permanent full-time job offer are required.
- Unskilled Workers (Other Workers)
The applicant must demonstrate the ability to perform unskilled work as a permanent full-time employee which requires no more than 2 years of training or experience.
The applicant will do the job that no local US employees are qualified for.
The applicant must satisfy all requirements listed on the labor certification.
A Labor certification and a permanent full-time job offer are required.
- How to Apply for EB-3 Visa
Applying for an EB3 is generally the same as getting an EB2, which involves both the employers and employees. The documents and priority might differ. Just follow the official notice and respond to it in time.
Summary of Different EB Visa Options
| Green Card Type | EB-1C | EB-2 | EB-3 |
| Available For | L-1A Visa Holders | L-1B Visa Holders | L-1B Visa Holders |
| Processing Time | 14-18 months | Min. 20 months | Min. 20 months |
| Costs | I-140 filing fee: $715I-485 fee: $1,440 Extra fees (if applicable) | I-140 filing fee: $715I-485 fee: $1,440 Extra fees (if applicable) | I-140 filing fee: $715I-485 fee: $1,440 Extra fees (if applicable) |
Benefits of Transforming L1 Visa to Green Card
With a green card, one can live permanently in the US and enjoy most federal benefits like local citizens. Millions of expats struggle to obtain a permanent residence card every year. Among all pathways, converting from L1 to PR status based on the EB visa category has many advantages, such as:
- L1 visa holders are more likely to obtain a green card than other non-immigrant visas.
- EB1, EB2, and EB3 categories do not require a minimum investment amount.
- There are no requirements for continuous residence.
- The application fee is usually paid by the employer.
FAQ
📌Can I travel on an L-1 visa while waiting for a green card?
Yes, and it has no impact on the green card application.
📌Is it easier to get a green card on L1?
Yes. There is a simpler procedure and shorter waiting time as PERM Labor Certification is not required which usually takes up to 8 months.
8. Summary
Transforming from an L1 visa to a green card is one of the most straightforward routes to change from nonimmigrant to immigrant status. The L1 visa to green card timeline varies according to the Employment-Based (EB) green card category. EB1C is designed for L1 A holders. It has stricter qualifications and less processing time. EB-2 and EB-3 are designed for L1 B visas to green cards. They are more widely applicable, but applicants should wait longer. We hope this passage will help you learn about their requirements and pick out the most suitable one.
Dolores Xiao