Transitioning from L1 Visa to Green Card

There are two main categories of L1 U.S. non-immigrant visa:

• L1A visa –  for executives and managers
• L1B visa – for employees with special knowledge

One of the main benefits of the L1 visa is that it allows you to apply for a green card while you are still working in the U.S. The L1 visa to green card process involves several steps, and understanding your visa category is key to choosing the right path.

Moving from an L1 visa to a green card means switching from temporary work status to permanent residency. The steps depend on which type of L1 visa you have.

Both L1A and L1B visas are dual intent, meaning you are allowed to apply for a green card without giving up your current visa.

The process usually involves:

• Your employer files a green card petition for you (Form I-140)
• You wait for your priority date to become current
• You file Form I-485 to adjust your status to permanent resident

Now let’s break it down by visa type.

• Visa Definition: The L1A visa is for managers or executives who work for multinational companies.
• Green Card Process: Getting a green card for L1A holders is relatively easy. The employer needs to file an I-140 Petition under the EB1C employment-based immigration category.
• Requirements: Both the applicant and the employer filing the petition must meet certain criteria set by USCIS for the EB1C category.

Process of Getting a Green Card with an L1A Visa

• Employer Sponsorship: The U.S. employer must submit an I-140 Immigrant Petition for Alien Worker under the EB1C category.
• No Labor Certification (PERM): The EB1C category does not need a labor certification, speeding up the L1 visa green card timeline to 12-24 months, a key advantage for L1A visa holders.
• Adjustment of Status: When your priority date is current, file Form I-485 for adjustment of status to gain permanent residency. Dependents can apply too, ensuring family inclusion.

• Visa Definition: The L1B visa is for employees who have special knowledge about a company’s products, services, systems, or operations
• Green Card Process: o get a green card, L1B visa holders must first go through a step called PERM, which is required before applying under the EB2 or EB3 categories.
• PERM Process: This is a process where the U.S. government checks if there are any qualified U.S. workers available for the job. If not, the employer can move forward with the green card application.

Process of Getting a Green Card with an L1B Visa

• Labor Certification (PERM): The employer must first get approval from the U.S. Department of Labor. This step checks that no qualified U.S. workers are available for the job.
• Filing an I-140 Petition: After PERM is approved, the employer files Form I-140 under the EB2 or EB3 category. The category depends on the job’s requirements.
• Adjustment of Status: After PERM is approved, the employer files Form I-140 under the EB2 or EB3 category. The category depends on the job’s requirements.

For L1A and L1B visa holders, getting a green card depends on your employer. Your employer needs to start and support your L1 visa to green card application. The process usually includes several steps, such as filing a labor certification application with the Department of Labor (for certain employment-based green card types) and submitting Form I-140, the Immigrant Petition for Alien Worker, to U.S. Citizenship and Immigration Services (USCIS).

It’s important to know that L1 visa holders usually cannot apply on their own, so your employer’s role is very important for you to get permanent residency in the United States. Your employer’s active involvement and following U.S. immigration rules are key for a successful green card application.

What the Employer Needs to Do:

1. Job Offer:

The employer must offer a permanent job to the employee. This shows that the company needs the person long-term and is the first step in the green card process.

2. Filing Paperwork:

The employer must file immigration forms like the I-140 petition. For L1B visa holders, they also need to complete the PERM labor certification, which proves there are no qualified U.S. workers for the job.

3. Following the Rules:

The company must follow all U.S. immigration rules, meet deadlines, and give correct information. Compliance is essential – if rules are not followed, the green card process can be delayed or denied.

L1A Visa Holders

Company Owners

L1A visa holders who own the company may face extra steps when applying for a green card. To qualify, they must show that the U.S. business is legally connected to a foreign company. This connection must be clearly proven with documents. The two businesses must be a parent, branch, affiliate, or subsidiary. This is an important requirement in the L1A to green card process.

Faster Process

Many L1A visa holders can get a green card faster by applying through the EB1C green card category. This category is for multinational managers and executives. It does not require labor certification (PERM), which shortens the timeline. This is one of the main benefits of the L1 visa, especially for company leaders in high-level roles.

L1B Visa Holders

Labor Certification Required

L1B visa holders usually apply for a green card under the EB2 or EB3 category. These categories require a PERM labor certification, which means the employer must prove that no qualified U.S. workers are available for the job. The employer also must show that hiring a foreign worker won’t harm wages or working conditions. This step is key in the L1B to green card process.

Longer Timeline

Because of the labor certification (PERM) step, the green card process for L1B holders takes more time. It involves detailed job postings, recruitment steps, and paperwork. The employer must show they tried to find a qualified U.S. worker but could not. This extra process means that L1B visa to green card applicants should expect a longer timeline and be ready to follow strict rules.

Moving from an L1 visa to green card is an important step toward becoming a permanent resident in the United States. To do this successfully, it’s important to understand the process for your visa type and work closely with your employer. This guide explains the steps for both L1A and L1B visa holders and highlights how important the employer’s role is. With the right preparation and support, L1 visa to green card applicants can follow the process clearly and reach their goal of getting a green card.

If you have any questions about transitioning from L1 Visa to green card, feel free to contact us directly at cs@syntaxfl.com. We are here to help and would be happy to answer your questions.

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