For a more general overview of the L-1 visa, please visit this page. L-1 Visa General Overview

L-1 Visa to Green Card

The main path that L-1A visa holders can take to obtaining a green card and permanent residency is the EB1-C immigrant green card. The L-1 visa is a dual intent, so the filing of an L-1A visa will not cause issues when filing for an employment based greencard.

The EB1-C visa is designed for is multinational managers or executives. The EB1-C is part of the employment-based first preference visa category. Per USCIS, the requirements of this visa require that the individual applying have been employed outside the United States in the 3 years preceding the petition for at least one year. They must have been employed by a firm or corporation and must be seeking to enter the U.S. in order to continue working for that firm or organization. Further, the employment must have been in a managerial or executive capacity and with the sample employer, an affiliate or subsidiary of the employer.

The petitioning employer must be a U.S. employer and must have been doing business for at least one year.

EB-1C Suitability 

The EB-1C is very suitable for L-1A visa holders because the requirements are fairly similar. For example, both require that:

  • The beneficiary must have been employed for one year within the three years preceding the filing
  • The company must conduct business in the U.S and in another country in the regular, systemic and continuous role

One main incentive to apply for the EB-1C from an L-1A visa is that generally, the wait time for a EB-1 visa is generally short. For more information about wait times, please refer to the Visa Bulletin here.

L-1B Visa Holders

Unfortunately, L-1B visa holders may not have as straightforward of a pathway to a green card as L-1A visa holders. Instead, L-1B visa beneficiaries should look into obtaining the EB-2 visa with employer sponsorship, or in certain cases, a NIW or National Interest Waiver. That is not to say that individuals with an L-1B visa have no way to obtain permanent residence; depending on individual qualifications it may be possible to obtain permanent residence in another way, either through another kind of employment-based visa or through family sponsorship.

Contact Pratt, Mong & Lee Houston Immigration Attorneys if you have questions about obtaining permanent residence or for more information about the L-1 visa.

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