Do you want to live beyond your L-1 Visa limits as an immigrant in the United States? Do you love your life in the United States and want to continue living here? Do you want a quiet life in the US without worrying about L-1 visa renewal and restrictions? Then, you may want to explore options to change your L-1 visa to a green card. If you currently live and work in the US on a nonimmigrant L-1 visa but want to settle down long-term, you will need to file an immigrant adjustment of status (green card holder) with USCIS.
If you meet the criteria, USCIS will review your application and issue your permanent resident card at your mailing address. However, transitioning from an L-1 visa to a green card is difficult. The guide provided in this post will help you navigate the process of L-1 visa to green card adjustment, and you will be able to achieve permanent residency.
What is the L-1 visa?
The L-1 visa is a non-immigrant visa that permits foreign nationals of foreign companies to work in managerial or executive positions or specialized knowledge work in the United States. To be eligible for the L-1 visa, a foreign national must have worked with the foreign company for at least 1 year out of the previous 3 years.
The foreign national must also come to the US to work for a foreign company’s US subsidiary, parent company, or affiliate. The L-1 visa permits foreign nationals to reside and work in the US for 5 to 7 years. After that, they must return to their country of origin for at least 12 months before reapplying for an L-1 visa.
Spouses and children of foreign nationals who hold an L-1 visa may also immigrate to the United States under an L-2 visa and are permitted to study and/or work during their stay.
Types of L-1 visas
There are two kinds of L-1 visas. There is the L-1A visa for managers and executives and the L-1B visa for employees with specialized knowledge. The distinction between the two L-1 visas is based on the type of work the beneficiary will do in the US.
For example, if the beneficiary of an L-1 visa is a manager or executive working for a US company, he will be classified as an L-1A visa holder. On the other hand, if the beneficiary is a specialized knowledge worker working for an L-1 visa company, they will be classified as an L-1B visa holder.
The main difference between L-1A and L-1B visas is the length of stay allowed under each classification. For example, an L-1A visa allows the beneficiary to stay in the US for up to 7 years, while an L-1B visa allows them to stay up to 5 years.
Why people consider transitioning
The L-1 visa is issued to foreign nationals whose employer files a petition with USCIS. The petition is then approved, and the foreign national can apply for an L-1 visa at a US consulate or embassy overseas. At first, L-1 visas may be a good option for foreign nationals of multinational companies who want to work in America.
However, as they become more comfortable living in the US and want to become permanent residents, they will need to undergo an adjustment of status (“green card”) process.
Transitioning from an L-1 visa to a green card
The L-1 visa is a temporary non-immigrant visa that does not directly result in a green card. To change your status from an L-1 visa to a green card, you will need to file an immigrant visa petition through USCIS and either adjust your status or file an immigrant visa through the Department of State.
Most non-immigrant visas require non-immigrant intent. This means you can’t have the intention of eventually immigrating to the United States to get your green card. The L-1 visa, on the other hand, doesn’t require nonimmigrant intent. It is a dual-intent visa, meaning you can intend to move to the United States in the future.
Now that we have covered the basics of the L-1 visa and what it is like to go from an L-1 visa to a green card status, let us look at some of the immigrant visa classifications you may be eligible for under an L-1 visa.
Green card through EB-1C visa
If you are currently an L-1A visa holder and working as an executive or manager, the EB-1C process is relatively easy. First, you will need to prove that the US firm has been doing business satisfactorily for at least one year and that your role for the foreign firm was that of manager or executive.
However, if you are an L-1B visa holder, your L-1B-to-EB-1C transition may be a little more difficult. Remember, L-1B is for “specialized knowledge workers.” To be eligible for a green card under EB-1C, you must have worked as a manager or executive for a US company or as a specialist knowledge worker for a foreign company.
It is highly likely that if you are currently L-1B, you have worked as a specialist knowledge worker for a foreign company. If that is the case, you will need to prove that your duties at the foreign employer meet the requirements for either a manager or an executive. Getting your petition approved under EB-1C could be very difficult if you can’t do that.
Moving from an L-1 visa to an EB-1C is a two-step process. Your immigration lawyer will file an I-140 immigration petition, also known as an immigrant petition for an alien worker, and an I-485 immigration petition, an application to register permanent residency or adjust status. In many instances, your immigration lawyer can file both simultaneously.
Green card through labor certificate
You can also move from an L-1 visa to a green card if your US employer sponsors you for a green card through an EB-2/EB-3 job offer. Your US employer will need to get a labor certification from the US Department of Labor to prove that they tried to hire a skilled American worker but were unsuccessful.
For your prospective US employer to hire you, they must be:
- Post job listings.
- Not be able to find a qualified US worker.
- Offer you full-time permanent employment within the company.
- Pay your prevailing wage for the job you are being hired for.
- Show that they can afford to pay you the prevailing wage.
- Independently qualify for an EB-2 visa or an EB-3 visa.
The perm labor certification process is quite complicated.
Green card through EB-5 visas
Another way to transition from an L-1 visa to a green card status is through EB-5. EB-5 is an immigrant visa based on investment. To qualify for an EB-5, you must make a $1 million investment in a US business and provide 10 full-time US worker jobs.
If your business is based in an economically depressed region, you may qualify for a $500,000 reduction instead of the $1 million.
Green card through EB-1A visa
The EB-1A is another green card option. It is an immigrant visa designed for people with exceptional skills in a specific field. To be eligible for EB-1A, you must demonstrate that you possess exceptional skills, intend to continue working in the US in the field of your exceptional skills and that your contributions to the United States will be significant.
An individual with exceptional skills means that they have achieved the highest level of success in their field and have achieved national or international recognition.
What is the processing time?
The green card processing time for L-1A visa holders can take up to 12 months, while for L-1B visa holders, it can take up to 18 months. Perm labor certification stage takes around 8 months and sometimes may take closer to 2 years if the sponsor is under supervised recruitment or audit. I-140 processing takes 6 months
Depending on the number of cases processed and the service level of the center processing the petition, I-485 processing may take anywhere from 8 to 15 months. You will then have to wait until your priority date becomes current.
For EB-2 categories, the processing period can range from several months to several years. Once your I-485 is processed, you will have to wait around 6 months to get your green card.
Should I adjust the status or use consular processing?
When filing your petition, it typically depends on whether you are inside or outside the United States. You can file your I-485 petition with the USCIS if you are inside the US. However, you will need to wait at least 6 months for premium processing. Conversely, consular processing involves traveling to your home country’s designated US consulate or embassy for a face-to-face interview with your consular officer.
While this may seem inconvenient, it typically has a much shorter processing time. You should consult with your immigration lawyer to determine which process is best for your case.
What next after the green card approval
Upon approval of your I-485, USCIS will send you a welcome notice. Shortly after that, you will receive your physical green card. Once your green card is issued, you can work for any company in the United States.
If you do not receive your welcome notice within 30 days following your I-485 approval, or if your physical green card is not issued within 30 days following receipt of your welcome notice, contact USCIS.
Get help!
Gehi and Associates provides comprehensive immigration law services in the United States. Whether you are located in New York or anywhere else in the country, we can help you with legal advice and solutions for your green card applications and other immigration issues. We have a wealth of experience in the field of immigration, so you can rest assured that you are in good hands. Get in touch with us today!
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