In the United States getting a Green Card marks a significant milestone for foreign workers seeking long-term stability in the country. If you are currently planning to transition from an L1 visa to a Green Card in the U.S. this comprehensive guide will show you step-by-step how to complete the process.
Types of L1 visas and differences between them
Currently, there are 2 types of l1 Visa in the U.S.: L-1A and L-1B, both of which are accessible for foreign workers of multinational companies. This type of visa is not eligible for only one type of company,
L-1A
This is a non-immigrant category type of visa that allows multinational companies to transfer executive or managerial employees from foreign branches to U.S. offices. USCIS defines an executive as someone who has the authority to “make decisions of wide latitude without much oversight”.
A qualifying manager should be in a position in which he can supervise professionals, control at least one department of the organization, or manage an essential function of the business at a high level.
L-1B
This type of visa is a viable option for highly trained professionals with specialized knowledge relating to the business of the multinational company they work for. In general, USCIS may consider a foreign professional for an L1B intra-company transfer if they possess advanced knowledge of the company’s processes and procedures.
The expiration date of L1 visa
Whether you are currently a holder of an L1 visa or you plan to apply for one it is important to remember that this type of visa has its expiration date. The L1-A visa’s maximum duration is seven years, while the L1-B loses its validity after 5 years. It’s especially important to remember when your visa expires if you want to apply for a Green Card.
L-1A visa to Green Card: step-by-step transition
Owners of L1 visas can apply for a Green Card in a couple of different ways but the quickest and least complicated would be applying for an Employment-Based (EB) permanent residency. There are three main categories under this type of Green Card for which L-1 holders can qualify.
- EB-1 “First Preference”
This form of permanent residency is awarded to all immigrants possessing extraordinary skills in key fields such as athletics, arts, sciences, and business as well as outstanding researchers and professors.
- EB-2 “Second Preference”
EB-2 is awarded to immigrants working in a profession that requires an advanced degree or possesses exceptional abilities in their field. It is also available to individuals seeking a national interest waiver.
- EB-3 “Third Preference”
This type of visa can be granted to skilled workers, professionals, or any other worker.
If you are eligible for an employment-based type visa then you or your employer can file an Immigrant Petition for Alien Worker (Form I-140) with the U.S. Citizenship and Immigration Services (USCIS).
This petition serves as a request for permanent residency and requires supporting documentation, such as evidence of the individual’s qualifications and the company’s ongoing need for their services.
EB-1C visa requirements
If you currently reside in the U.S. on an L-1A visa, the best option to apply for a Green Card is through an EB-1C immigrant visa. This type of visa is a great option for international executives or managers, although remember that to qualify for this visa you need to meet the following requirements:
- You need to have held your managerial position in the same company for at least a year out of the past three years.
- This foreign company must have a qualifying relationship with the intended U.S. employer and you must be entering the United States to continue working in the same managerial or executive capacity.
- The U.S. employer must have been established and doing business in the form of goods or services for a minimum of one year in the United States.
These requirements are very similar to those of an L-1A visa, moreover as an L-1A visa holder you get to avoid the complex labor certification process since you are already listed as an employee of an international company through your current visa status. That’s why applying for an EB-1C Green Card is so appealing to L-1A visa holders.
Application process
Once eligible, your employer or you as an individual can file an Immigrant Petition for Alien Workers (Form I-140) with the U.S. Citizenship and Immigration Services (USCIS).
This petition serves as a request for permanent residency and requires supporting documentation, such as evidence of the individual’s qualifications and the company’s ongoing need for their services.
After the I-140 approval, the next step is to apply for an Adjustment of Status (Form I-485) or an immigrant visa through consular processing. Adjustment of Status is applicable for individuals already in the United States, while consular processing is for those outside the country.
During this stage, you will undergo a thorough background check, medical examination, and interview (if USCIS decides you must answer some additional questions). All of these appointments will be announced to you in an official notice.
Processing time of L-1A to EB-1C permanent residency transition
Typically this whole process takes from 8 months to a year depending on your current situation. After being approved your EB-1C card should be issued in around six months, which makes it one and a half years from first application to you receiving your residency status.
L-1B visa to Green Card: step-by-step transition
The best choice of getting a Green Card for L-1B visa holders is to apply for EB-2 or EB-3 residency status. The EB-1, although not impossible, is very difficult to possess by immigrants with an L-1B visa.
Whether you want to apply for an EB-2 or EB-3 visa, the first step is to ask your U.S. employer for a sponsorship of your residency petition. This rule applies to every L-1B visa holder except if you apply for the EB-2 visa under the National Interest Waiver classification.
EB-2 visa requirements
To be eligible for the EB-2 visa you must have a job that requires and demonstrates your exceptional skills or the need for your advanced degree.
| Sub-categories | Description | Evidence |
| Advanced degree | The job you apply for must require an advanced degree and you must possess such a degree or its foreign equivalent (a baccalaureate or foreign equivalent degree plus 5 years of post-baccalaureate, progressive work experience in the field). You must meet any other requirements specified on the labor certification as applicable as of the priority date. | Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.If a doctoral degree is customarily required, you must have a United States doctorate or foreign equivalent degree. |
| Exceptional ability | You must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.” You must meet any requirements specified on the labor certification as applicable. | You must meet at least three of the criteria listed on the USCIS website. |
EB-3 visa requirements
This type of visa is more popular amongst L-1B visa holders, due to the specialized nature of their work. USCIS states that to apply for EB-3 you must fit in one of three categories listed below:
| Sub-categories | Evidence | Certification |
| Skilled Workers | You must be able to demonstrate that you possess at least 2 years of job experience, education, or training that meets the job requirements specified on the labor certification.Relevant post-secondary education may be considered as training.You must be performing work for which qualified workers are not available in the United States. | Labor certification and a permanent, full-time job offer are required. |
| Professionals | You must demonstrate that you possess a U.S. baccalaureate or foreign equivalent degree and that a baccalaureate degree is the normal requirement for entry into the occupation.You must be performing work for which qualified workers are not available in the United States.Education and experience may not be substituted for a baccalaureate degree.You must meet any other requirements specified on the labor certification. | Labor certification and a permanent, full-time job offer required |
| Unskilled Workers (Other Workers) | You must demonstrate the ability to perform unskilled labor (requiring less than 2 years of training or experience), that is not of a temporary or seasonal nature.You must be performing work for which qualified workers are not available in the United States.You must meet any other requirements specified on the labor certification. | Labor certification and a permanent, full-time job offer are required. |
Application process
The process of applying for EB-2 and EB-3 is somewhat similar to that of an L-1 visa.
- First your employer must obtain PERM Labour Certification on your behalf, only then they can file an I-140 petition
- After that all you have left to do is to identify your priority date and wait for it to become current based on the Department of State’s monthly visa bulletin
After your priority date changes to current you can submit I-485 form for adjustment of status to permanent residency. During this stage, USCIS will carry out a background check, and medical examination and might want to conduct an interview. All the important information will be communicated to you via official notices.
Waiting time for L-1B status to Green Card transition
PERM Labour Certificate greatly increases the waiting time for residency status change. Usually obtaining it takes around 8 months but in some cases when the employer is subjected to supervised recruitment or an audit, the PERM processing time can take up to two years.
Both the I-140 and I-485 each have a 6-month average processing time depending on the Service Center processing the petition. Overall, the best-case scenario for an L-1B to a green card processing time comes to at least one year and eight months.
Final thoughts
In summary, the process of changing your residency status from an L-1 visa to a Green Card, although time-consuming, hopefully after this guide will be much more straightforward for you.
It’s important to check the category of Green Card visa you qualify for, after that depending on your L-1 status you should file proper forms and after 1-2 years you should finally become a U.S. citizen.
FAQs
How long does it take to get a green card after an L1 visa?
Usually, the waiting time varies from 1 to 2 years.
What is the success rate of L-1A to green card?
The success rate of changing from an L-1A to an EB-1C Green Card is pretty high, at over 80%
Can an L-1 visa be converted to H1B?
You can apply for a change of status (CoS) from L-1 to H1B from within the US, without the need to return to your home country.
Can L-1A be extended beyond 7 years?
A person may request two renewals and be granted up to two extensions, each lasting an additional two years.
Is L1 visa lottery based?
The L-1 visa and H-1B visa are two of the most common work visas in the U.S. Each year, about 165,000 L-1 visas are issued while 85,000 visas are allocated based on an annual lottery.