How to Transition from an L-1 Visa to a Green Card

Thinking about settling down in the U.S. permanently? If you’re on an L-1 visa, you’re already a step ahead. This visa is a popular choice for employees transferred within multinational companies. But what if you want to stay for good? Transitioning from a temporary visa to a Green Card is a big decision, and understanding the process makes it much smoother.

The good news is that L-1 visa holders have a direct route to permanent residency. Whether you’re in a leadership role or possess specialized knowledge, there are options available for you. Let’s break down the possibilities and see how you can move from an L-1 visa to a Green Card. 

 

 

What is an L-1 Visa?

If you’re working for a multinational company and looking to temporarily transfer to the U.S., the L-1 visa might be your golden ticket. It’s designed for employees of international businesses that need to transfer skilled professionals to their U.S. branches. 

Types of L-1 Visas

There are two types of L-1 visas, each catering to specific roles:

• • L-1A Visa: Ideal for executives and managers who oversee teams or departments. If you’re calling the shots or handling high-level responsibilities, this visa fits the bill. You can stay for an initial period of one year (if establishing a new office) or three years. With extensions, the maximum stay is seven years.
  • L-1B Visa: Tailored for employees with specialized knowledge. Think of niche skills that aren’t easily found in the U.S. If you’re the go-to person for a particular technology or process, this visa works for you. It offers a maximum stay of five years, including extensions.

• The Dual Intent Advantage

Unlike other temporary visas, the L-1 visa comes with a unique benefit: dual intent. This means you can apply for permanent residency while working in the U.S. without jeopardizing your current visa status. While other visas may require you to prove that you’ll return home, the L-1 gives you the flexibility to work and explore your Green Card options at the same time.

If you’re thinking about making the U.S. your permanent home, having this dual intent can make the transition from an L-1 visa to a Green Card much simpler. And if you’re unsure about where to start, getting expert legal guidance can make all the difference.

If you’re navigating the application process, having the right legal support is essential. Contact the Law Offices of Sweta Khandelwal for personalized guidance tailored to your situation.

 

 

Can You Transition from L-1 to Permanent Residency?

Absolutely! The dual intent feature of the L-1 visa makes the transition to a Green Card smoother compared to other visas.

Common Pathways to a Green Card

• EB-1C: Often the preferred choice for L-1A managers and executives.

• EB-2 and EB-3: Suitable for L-1B visa holders or others with specialized skills.

• Family Sponsorship: If you have relatives who are U.S. citizens or permanent residents.

• Adjustment of Status (AOS): This option allows you to apply for a Green Card without leaving the U.S. If you’re on an L-1 visa and meet the eligibility requirements, you can file Form I-485 (Application to Register Permanent Residence or Adjust Status). AOS is often preferred for its convenience and the ability to remain in the country while your application is processed. You may also qualify for a work permit (EAD) and travel authorization (Advance Parole) during this time.

• Consular Processing (CP): If you’re outside the U.S. or prefer to complete the process from abroad, consular processing is your route. After your petition is approved, you’ll attend an interview at a U.S. consulate or embassy in your home country. This pathway is often used by L-1 visa holders returning home temporarily or those who find it easier to manage the Green Card process from overseas.

Challenges and Mistakes to Avoid

Transitioning from an L-1 visa to a Green Card may seem straightforward, but there are common pitfalls to watch out for:

• Insufficient Documentation: Both L-1 and Green Card applications require extensive evidence of your role, qualifications, and employer details.
• Delays and RFEs: Requests for Evidence (RFEs) can cause setbacks. Thorough documentation and legal support help reduce these risks.
• Company Changes: If your employer undergoes restructuring or significant changes, your application may be impacted.
• Missed Deadlines: Failing to maintain legal status while applying can create complications.

With careful planning and expert guidance, your Green Card journey can be significantly smoother.

Also Read: Transitioning from L-1 Visa to EB-1C Green Card: A Comparative Analysis

Steps to Transition from L-1A to Green Card

If you’re an L-1A visa holder, the EB-1C visa is often the most straightforward path to obtaining a Green Card. Designed for multinational executives and managers, the EB-1C category offers a streamlined route to permanent residency. Let’s break down the key eligibility requirements and steps involved:

Eligibility for EB-1C for L-1A Visa Holders

• US Employer’s Business Operation Requirements:
  Your U.S. employer must have an established, active business. They must demonstrate their ability to employ a qualified executive or manager. Typically, the company should have been operating in the U.S. for at least one year before submitting the EB-1C petition.
• Employment History with the Parent Company Abroad:
  You must have been employed as a manager or executive for at least one continuous year within the past three years by the parent company, subsidiary, branch, or affiliate. Your role abroad should closely align with the intended U.S. role.
• Applicable Roles in the U.S. as Executives or Managers:
  Upon approval, you must continue in a managerial or executive capacity. USCIS will assess your responsibilities, ensuring they involve decision-making authority, business operations oversight, and leadership responsibilities.

Step-by-Step Process to Transition from L-1A to Green Card

Step 1: File Form I-140 (Immigrant Petition for Alien Workers)

• Your employer must submit Form I-140 to USCIS on your behalf.
• This form establishes that you meet the eligibility for the EB-1C category.
• Supporting documents, such as proof of business operations, financial stability, and your managerial or executive role, must accompany the petition.

Step 2: Wait for USCIS Processing

• USCIS will review your petition and may issue a Request for Evidence (RFE) if additional information is needed.
• Processing times may vary, but premium processing is available to expedite Form I-140 within 15 calendar days.

Step 3: Priority Date Determination

• Upon approval of the I-140, USCIS assigns a priority date.
• Check the Visa Bulletin to confirm when your priority date becomes current, as it determines when you can apply for a Green Card.

Step 4: Choose Between Adjustment of Status (AOS) or Consular Processing (CP)

• Adjustment of Status (AOS): If you’re in the U.S. on an L-1A visa, apply for AOS using Form I-485. You can also apply for an EAD and AP for work and travel.
• Consular Processing (CP): If you’re outside the U.S., attend a consular interview, submit documents, and complete a medical exam.

Step 5: Attend Biometrics Appointment and Interview

• After filing Form I-485 or completing consular processing, USCIS will schedule a biometrics appointment for fingerprinting and background checks.
• If required, you may be asked to attend a Green Card interview to verify the authenticity of your application.

Step 6: Receive Your Green Card

• If approved, you will receive your Green Card and become a lawful permanent resident of the U.S.
• Congratulations! You can now live and work permanently in the U.S.

Processing Times

Processing times for transitioning from an L-1A visa to a Green Card through the EB-1C category can vary. Typically, the timeline involves the following:

• Form I-140 (Immigrant Petition for Alien Worker): This is the primary petition for EB-1C applicants. Standard processing can take 9.5  to 12.5 months, but Premium Processing is available, reducing the wait time to 15 calendar days.
• Adjustment of Status (Form I-485): If you’re applying from within the U.S., filing Form I-485 can take 8 to 14 months. You may file this concurrently with Form I-140 if a visa number is available.
• Consular Processing: If applying from outside the U.S., the process may take 12 to 18 months, depending on the U.S. consulate’s workload.
• Work and Travel Authorization (EAD and AP): If applying for adjustment of status, expect EAD and AP approvals in around 3 to 6 months.

It’s essential to check the USCIS processing times regularly, as they can fluctuate. For accurate and up-to-date information, consider seeking personalized legal advice.

If you’re considering transitioning from an L-1A visa to a Green Card through the EB-1C category, expert legal guidance can help you understand the process. Contact Sweta Khandelwal to navigate the application with confidence.

Steps to Transition from L-1B to Green Card

Unlike the L-1A route, L-1B holders typically apply under the EB-2 or EB-3 categories based on qualifications and job roles.

Eligibility for EB-2 and EB-3 Categories

• EB-2: Ideal for applicants with advanced degrees (Master’s or higher) or exceptional abilities in their field. Your employer must prove that the role requires this level of expertise.
• EB-3: Suitable for professionals with at least a bachelor’s degree or skilled workers with relevant experience. The role must meet the job qualification standards in the U.S.

Steps Involved in the Transition Process

• PERM Labor Certification:

1. 1. • Your employer must obtain a Permanent Labor Certification (PERM) from the Department of Labor (DOL).
      • This involves proving that no qualified U.S. workers are available for the position through a recruitment process.

• File Form I-140 (Immigrant Petition for Alien Worker):

1. 1. • Once the PERM is approved, your employer files Form I-140 with USCIS to classify you under EB-2 or EB-3.
      • Premium processing is available for faster adjudication.

• Wait for Visa Availability:

1. 1. • Check the Visa Bulletin for priority dates. Depending on the category and your country of origin, wait times can vary.

• Adjustment of Status (AOS) or Consular Processing (CP):

1. • Choose the AOS or CP  based on whether you’re in the U.S., or you can apply for.

Processing Times for L-1B to Green Card

Processing times depend on factors like category choice, service center workload, and visa availability. Here’s an estimate for 2025:

• PERM Labor Certification: 6 to 12 months
• Form I-140: 4 to 6 months (or 15 calendar days with premium processing)
• Adjustment of Status (Form I-485): 8 to 14 months
• Consular Processing: 12 to 18 months
• Work and Travel Authorization: If applying for AOS, you can request an Employment Authorization Document (EAD) and Advance Parole (AP). Expect approvals within 3 to 6 months.

Also Read: EB-1C Visa Application for Managers and Executives

FAQs

1. What is the L-1A visa to green card timeline for applicants from India?

The L-1A to green card timeline for applicants from India typically takes 9.5 to 12.5 months through the EB-1C category, which is a common route for L-1A holders. Factors like USCIS workload, document completeness, and consulate processing can influence this timeline. Premium processing may reduce the initial petition decision time to 15 calendar days.

2. How can an Indian L-1B visa holder apply for a green card?

Indian L1B visa holders often apply for a green card through the EB-2 or EB-3 categories based on their qualifications and job roles. The process includes:

• Employer sponsorship through a PERM labor certification.
• Form I-140 (Immigrant Petition for Alien Worker).
• Form I-485 (Adjustment of Status) or Consular Processing.

Processing times can vary, but due to the backlog for Indian applicants, the process may take several years.

3. What is the green card timeline for L-1B visa holders?

The green card timeline for L1B visa holders applying under EB-2 or EB-3 categories can take an average of 18 months. The timeline is influenced by factors like:

• PERM labor certification processing.
• USCIS approval of Form I-140.
• Visa bulletin availability for Indian applicants.

4. What is the success rate of transitioning from an L-1A visa to a green card?

The success rate for L-1A to green card applicants under the EB-1C category is generally high, especially when the applicant meets the managerial or executive criteria. Having a well-documented application with evidence of leadership experience and business operations significantly improves the chances of approval.

5. Can you apply for a green card from an L-1 visa without an employer’s sponsorship?

No, L-1 visa holders cannot typically apply for a green card without employer sponsorship. The most common routes, EB-1C, EB-2, or EB-3, require a sponsoring employer. However, if you qualify for a self-petitioning visa like the EB-1A (Extraordinary Ability) or EB-2 NIW (National Interest Waiver), you could apply without employer sponsorship.

6. What are the requirements to apply for an L-1A visa?

To apply for an L1A visa, you must meet the following requirements:

• Employment History: You must have worked for the parent, branch, affiliate, or subsidiary of the U.S. employer for at least one year within the last three years.
• Job Role: You should be in an executive or managerial role.
• Company Requirements: The U.S. employer must have a qualifying relationship with the foreign company and actively conduct business in the U.S. and abroad.

 

 

Conclusion

When it comes to transitioning from an L-1 visa to a green card, the process may seem overwhelming. From gathering the right documents to understanding the timelines, every step requires careful planning. But you don’t have to navigate it alone.

Whether you’re considering adjustment of status or consular processing, having the right legal support can make a world of difference. At The Law Offices of Sweta Khandelwal, experienced immigration attorneys can help you assess your eligibility, prepare strong applications, and address any complexities that arise. For those seeking clarity on their case, Sweta Khandelwal offers personalized guidance to streamline your transition. If you’re ready to take the next step and explore your green card options, Contact the Law Offices of Sweta Khandelwal today.

A smoother immigration journey is just a consultation away.

Disclaimer

Please note that the prices listed for visa services are estimates and may vary in real-time. We recommend consulting the official government websites or other authoritative resources for the most up-to-date pricing information. These estimates do not constitute a guarantee of costs, and fees may change without not