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.
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.
