If you’re an L-1 visa holder in the U.S. and looking to transition to permanent residency, you’re not alone. Many L-1 visa holders and their employers explore the option of obtaining an employment-based green card for long-term immigration. Although the L-1 visa is a non-immigrant visa, there are clear paths to securing a green card for those looking to stay in the U.S. long-term.
In this guide, we’ll explain how L-1 visa holders can transition to an employment-based green card, including the necessary steps and visa options.
What Is the L-1 Visa?
The L-1 visa allows multinational companies to transfer employees from foreign offices to U.S. branches. There are two main types of L-1 visas:
- L-1A: For managers and executives.
- L-1B: For employees with specialized knowledge.
L-1 visa holders typically work for international companies, and the visa facilitates their temporary relocation to the U.S. office.
Green Card Options for L-1 Visa Holders
To transition from an L-1 visa to a green card, the next step is to determine the right employment-based immigrant category. This depends on factors like the employee’s job role, qualifications, skills, and educational background, as well as the specifics of the sponsoring employer.
L-1 visa holders may be eligible for the following green card categories:
- EB-1C: For multinational managers and executives.
- EB-2: For those with advanced degrees or exceptional ability.
- EB-3: For skilled workers, professionals, and other workers.
Let’s now break down the general process to apply for a green card under these categories.
The Process: From L-1 Visa to Employment-Based Green Card
Here’s a step-by-step guide on how to transition from an L-1 visa to an employment-based green card:
PERM Labor Certification (If Required):
Some green card categories, such as EB-2 and EB-3, require the employer to obtain a PERM Labor Certification from the U.S. Department of Labor (DOL). However, the EB-1C category does not require this step.
File Immigrant Petition (Form I-140):
The sponsoring employer must file Form I-140, the Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). This petition establishes the eligibility of the L-1 visa holder for a green card.
Adjustment of Status or Consular Processing:
- If the L-1 visa holder is already in the U.S., they can apply for a green card by filing Form I-485 (Adjustment of Status).
- If the individual is outside the U.S., they will need to go through Consular Processing at the U.S. embassy or consulate in their home country. This involves filing Form DS-260 (Immigrant Visa Electronic Application).
Costs of the Green Card Process
- Form I-140: The filing fee for Form I-140 is $715, typically paid by the employer. If the employer chooses premium processing, which expedites the decision, the additional fee is $2,805.
- Form I-485: For applicants within the U.S., the filing fee for Form I-485 is $1,440. There is also a biometrics fee of $85.
- Form DS-260: For applicants outside the U.S., the cost of the DS-260 form is $325.
Timeline for the Green Card Process
- Form I-140: The current processing time for Form I-140 is about 6.9 months. If premium processing is used, the decision is typically made within 15 days.
- Form I-485: The processing time for Form I-485 can range from 6.4 to 32.5 months, depending on the applicant’s case and their location.
- Consular Processing: For those applying from outside the U.S., consular processing can take several months, depending on the embassy or consulate’s processing times.
The Process of Transitioning from an L-1 Visa to an Employment-Based Green Card
Determine Eligibility for a Green Card
Evaluating which employment-based Green Card category suits your qualifications is crucial. Applicants should gather necessary documentation, including educational credentials and work experience records.
Labor Certification (PERM) Process
For the EB-2 and EB-3 categories, obtaining a Labor Certification from the Department of Labor (DOL) is essential. This process involves:
- Job Advertisement: Employers must advertise the position to prove there are no qualified U.S. workers available.
- Recruitment Steps: Employers must document recruitment efforts and select the best candidate.
- Filing Application: Once recruitment is complete, employers file the PERM application with DOL
Filing the I-140 Immigrant Petition
After receiving labor certification (if required), employers file Form I-140 to request approval for the employment-based Green Card petition. Supporting documents needed include job offers, qualifications, and evidence of employer sponsorship.
Adjustment of Status (AOS) vs. Consular Processing
If applicants are in the U.S., they can apply for Adjustment of Status (AOS) by filing Form I-485. Those outside the U.S. must go through consular processing to obtain their Green Card. The choice between AOS and consular processing depends on individual circumstances such as current residency status
Biometrics Appointment and Interview
After filing Form I-485 or undergoing consular processing, applicants will attend a biometrics appointment where fingerprints are taken. An interview may follow where applicants should be prepared to discuss their application details.
Receiving the Green Card
Upon approval, USCIS will issue the Green Card or visa if consular processing is required. New permanent residents gain rights such as living and working in the U.S., but they also have responsibilities like adhering to U.S. laws.
Special Considerations for L-1A vs. L-1B Visa Holders
Differences in Green Card Application
L-1A and L-1B visa holders face distinct paths when applying for an employment-based Green Card. L-1A visas are designated for managers and executives, allowing holders to apply directly for the EB-1C Green Card, which is specifically tailored for multinational managers. This category typically offers a faster and more streamlined process due to the exemption from the labor certification requirement, reducing both time and complexity in the application process.
In contrast, L-1B visa holders, who possess specialized knowledge, generally apply under the EB-2 or EB-3 categories. This transition often involves a labor certification (PERM) process, which can be lengthy and complicated due to additional documentation requirements and potential delays in obtaining approval from the Department of Labor (DOL).
Challenges for L-1B Holders
L-1B holders may encounter several challenges when pursuing EB-2 or EB-3 Green Cards. The requirement for labor certification necessitates proving that no qualified U.S. workers are available for the position, which involves extensive recruitment efforts and documentation. This process can lead to significant delays, making the transition to permanent residency more cumbersome compared to their L-1A counterparts. Additionally, L-1B holders must demonstrate their specialized knowledge effectively, which can be subjective and may require substantial evidence to satisfy USCIS scrutiny.
Duration of Stay During Transition
L-1A visa holders can remain in the U.S. for up to seven years, while L-1B holders are limited to a maximum of five years. This difference in duration can impact their ability to transition smoothly into permanent residency; L-1A holders have more time to navigate the Green Card process without risking a lapse in status.
The Role of Employer Sponsorship
Importance of Employer Sponsorship
Employer sponsorship is critical in the Green Card application process for both L-1A and L-1B visa holders. The employer is responsible for initiating the application by filing necessary forms such as the PERM labor certification (if applicable) and Form I-140 (Immigrant Petition for Alien Worker). They must also provide essential documentation that demonstrates the employee’s qualifications and job offer.
If an employer terminates an L-1 visa holder during this process, it can severely impact the Green Card application. The individual may lose their eligibility if they cannot maintain employment with the sponsoring employer, leading to potential complications in their immigration status.
Maintaining Valid Status During Transition
Maintaining Status While Waiting
To maintain valid status while waiting for a Green Card, L-1 visa holders should continue working with their sponsoring employer and avoid any unauthorized employment or changes in job roles that could jeopardize their status. It is crucial to stay compliant with all visa regulations throughout the Green Card process to prevent complications that could arise from status violations.
Work Authorization (EAD)
If L-1 visa holders need work authorization during their Green Card application process, they can apply for an Employment Authorization Document (EAD). This document allows them to work legally while waiting for their application to be processed.
Challenges and Common Pitfalls in the Transition Process
Backlogs and Delays
Visa number backlogs can significantly affect processing times, especially in EB-2 and EB-3 categories. Applicants should stay informed about their priority dates through the Department of State’s Visa Bulletin and be prepared for potential delays.
Job Changes During Application
Changing employers or job roles during the Green Card application can complicate matters. If an applicant changes jobs after filing Form I-140 but before receiving their Green Card, they may need to restart the process with a new employer unless they qualify under certain portability provisions.
Denial of I-140 Petition
In cases where an I-140 petition is denied, applicants have options such as reapplying or appealing the decision. It is essential to address any issues outlined in the denial promptly.
Impact of Status Violations
Any violation of status or overstaying an L-1 visa while waiting for a Green Card can lead to severe consequences, including being barred from re-entering the U.S. or losing eligibility for permanent residency.
How Long Does the Process Take?
Processing times vary widely depending on several factors such as service center workload and additional documentation requirements. Typical processing times include:
- PERM Labor Certification: Several months.
- I-140 Petition: Approximately 6–12 months.
- I-485 Adjustment of Status: 8–14 months.
The wait time also varies by category; EB-1 generally has shorter wait times compared to EB-2 or EB-3 due to higher demand in those categories.
Transitioning from an L-1 visa to an employment-based green card is a multi-step process, but with the right guidance and planning, it’s achievable. L-1 visa holders have various green card options, including EB-1C, EB-2, and EB-3, based on their roles and qualifications. Employers and employees should be prepared for the application process, including costs and timelines, to ensure a smooth transition to permanent residency.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for a TN Visa or an H2B Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. You can call us today at +234 812 5505 986 to learn how we can help you.
