L1A Visa to Green Card Transition: Process and Requirements

Transitioning from an L-1A visa to a green card is a significant step for many professionals working in the U.S. under a multinational company’s banner. This process, known as adjustment of status, typically involves filing for an EB-1C visa, which is tailored for multinational executives and managers. Unlike other employment-based visas, the EB-1C category doesn’t require labor certification, making the path to permanent residency more straightforward. Understanding this process is crucial for those looking to secure their future in the U.S. and enjoy the benefits of a stable and long-term residency.

Obtaining a green card as an L-1A visa holder offers numerous advantages, including the ability to live and work in the U.S. indefinitely. This permanence eliminates the stress of visa renewals and provides a solid foundation for both personal and professional growth. Additionally, green card holders can sponsor family members to join them in the U.S., enhancing their quality of life. The job flexibility that comes with a green card allows for career advancements without the constraints of visa limitations, making it an essential step for those aiming to maximize their opportunities in the U.S.

What Is the L-1A Visa?

The L-1A visa is a non-immigrant visa designed for intracompany transferees, specifically catering to managers and executives moving from a foreign office to an office in the United States. This visa facilitates the temporary transfer of key personnel within multinational companies, ensuring that businesses can leverage the skills and experience of their top-level employees across international borders.

Key Features:

• Eligibility for Managers and Executives:
  • To be eligible, applicants must have worked for a qualifying organization outside the United States for at least one continuous year within the preceding three years.
  • The visa is intended for managers and executives who will be taking on similar roles within the U.S. office.
  • According to the U.S. Citizenship and Immigration Services (USCIS), a manager is defined as someone who:
    • Manages the organization or a department.
    • Supervises and controls the work of other supervisory, professional, or managerial employees.
    • Has the authority to hire and fire employees.
  • Executives are defined as those who:
    • Direct the management of the organization or a major component.
    • Establish goals and policies.
    • Exercise wide latitude in discretionary decision-making.
• Initial Visa Period and Extension Options:
  • The initial period of stay for L-1A visa holders is up to three years, with the possibility of extensions.
  • For those involved in establishing a new office in the U.S., the initial stay is limited to one year.
  • Extensions can be granted in increments of up to two years, with a maximum stay of seven years in total.
• Dual Intent Nature of the L-1A Visa:
  • A notable feature of the L-1A visa is its dual intent nature. This means that while the visa is non-immigrant, holders can simultaneously pursue permanent residency (a green card) without jeopardizing their L-1A status.
  • This dual intent is particularly advantageous as it provides a clear pathway for L-1A visa holders to transition to permanent residency through the EB-1C visa category, specifically designed for multinational managers and executives.

For more detailed information and specific criteria, you can refer to the official USCIS page on the L-1A visa here.

 

L-1A to EB-1C Green Card: The Best Pathway for Multinational Executives and Managers

For L-1A visa holders, transitioning to a green card through the EB-1C visa category is often considered the best pathway due to its streamlined process and significant advantages. This pathway is specifically designed for multinational executives and managers, making it a natural progression for those already in the U.S. under an L-1A visa.

Best Pathway for L-1A Visa Holders:

• The EB-1C visa category is tailored for individuals who have been employed in a managerial or executive capacity by a multinational company.
• This visa category allows for a more straightforward and faster transition to permanent residency compared to other employment-based green card options.
• One of the primary benefits is that it does not require labor certification, a process that can be lengthy and complex. This significantly reduces the overall time and effort needed to obtain a green card.

Eligibility for Multinational Executives and Managers:

• To qualify for the EB-1C visa, the applicant must have been employed outside the United States in a managerial or executive role for at least one year in the three years preceding the petition.
• The U.S. petitioning employer must be a qualifying multinational organization and must have been doing business for at least one year.
• The applicant must be coming to the U.S. to work in a managerial or executive capacity for the same employer, an affiliate, or a subsidiary of the foreign employer.
• USCIS defines a manager as someone who manages the organization or a department, supervises and controls the work of other employees, and has the authority to hire and fire.
• An executive is defined as someone who directs the management of the organization or a major component, establishes goals and policies, and exercises wide discretionary decision-making.

This pathway is particularly advantageous for those who meet the criteria, as it aligns closely with the qualifications and roles held by L-1A visa holders. For more information on the EB-1C visa category and its requirements, visit the official USCIS page on the EB-1C visa.

EB-1C Requirements

The EB-1C visa category is a favorable pathway for L-1A visa holders to transition to permanent residency in the United States. However, there are specific requirements that applicants must meet to qualify for this visa.

Key Requirements:

1. Employment with Petitioning Employer for at Least One of the Three Preceding Years:

• The applicant must have been employed in a managerial or executive capacity outside the United States by the petitioning employer, an affiliate, or a subsidiary of the petitioning employer for at least one year within the three years preceding the filing of the petition.
• This ensures that the applicant has substantial experience and a proven track record with the petitioning employer.

2. Qualifying Relationship Between U.S. and Foreign Employer:

• There must be a qualifying relationship between the U.S. employer and the foreign entity. This relationship can be in the form of a parent-subsidiary, branch, or affiliate relationship.
• The U.S. employer must be the same company, an affiliate, or a subsidiary of the foreign employer where the applicant was employed.

3. Employer’s Proof of Doing Business for at Least One Year in the U.S.:

• The U.S. petitioning employer must provide evidence that it has been doing business in the United States for at least one year prior to filing the EB-1C petition.
• “Doing business” means engaging in the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office.

Meeting these requirements is crucial for a successful EB-1C petition, as it demonstrates both the stability of the employer and the critical role of the applicant within the organization. For more detailed information, visit the official USCIS page on the EB-1C visa.

Application Process for EB-1C

Transitioning from an L-1A visa to an EB-1C green card involves a multi-step process that ensures all requirements are met and the applicant is eligible for permanent residency. Here’s an overview of the application process:

Filing Form I-140 Petition for Foreign Worker:

• The first step in the EB-1C application process is filing Form I-140, Petition for Alien Worker. This form must be filed by the U.S. employer on behalf of the foreign worker.
• The petition must include evidence that the applicant meets all EB-1C requirements, such as proof of employment with the petitioning employer for at least one of the three preceding years, a qualifying relationship between the U.S. and foreign employer, and proof of the U.S. employer doing business for at least one year.
• Supporting documents may include organizational charts, employment verification letters, and evidence of the employer’s business operations.

Filing Form I-485 Adjustment of Status:

• Once the I-140 petition is approved, the next step is to file Form I-485, Application to Register Permanent Residence or Adjust Status. This form is used to apply for a green card while the applicant is already in the United States.
• The I-485 application requires the applicant to provide personal information, medical examination results, and other supporting documents to demonstrate eligibility for adjustment of status.

Concurrent Filing if Visa Bulletin is Current:

• If the visa bulletin is current for the EB-1C category, the applicant may file the I-140 petition and the I-485 application concurrently. This can expedite the overall process and reduce the waiting time for obtaining a green card.
• Concurrent filing allows applicants to file for adjustment of status and work authorization while their I-140 petition is being processed.

Biometric Appointments and Possible Interview:

• After filing the I-485 application, the applicant will receive a notice for a biometric appointment. During this appointment, the applicant will provide fingerprints, photographs, and a signature for background checks.
• In some cases, the applicant may be required to attend an interview with USCIS. During the interview, a USCIS officer will verify the information provided in the application and may ask additional questions to assess eligibility.

Successfully navigating these steps is crucial for obtaining an EB-1C green card. For detailed information on the application process and specific requirements, visit the official USCIS page on Form I-140 and Form I-485.

Processing Time for EB-1C Green Card

Understanding the processing time for an EB-1C green card is crucial for planning your transition from an L-1A visa to permanent residency. Here’s a breakdown of what to expect:

Typical Processing Time:

1. Form I-140 Petition for Alien Worker:

• The processing time for the I-140 petition typically ranges from 8 months to a year. This can vary depending on the service center handling the petition and the complexity of the case.
• The processing time can sometimes be expedited through premium processing, which guarantees a decision within 15 calendar days for an additional fee. However, premium processing is not always available for EB-1C petitions.

2. Form I-485 Adjustment of Status:

• After the I-140 petition is approved, the processing time for the I-485 application generally takes an additional 8 to 14 months. This includes time for background checks, biometric appointments, and possible interviews.
• Concurrent filing of I-140 and I-485 can potentially streamline the process, as both applications are processed simultaneously if the visa bulletin is current.

Additional Time for Green Card Issuance:

• Once the I-485 application is approved, there is usually an additional 6 months before the physical green card is issued.
• This period includes final administrative processing and mailing the green card to the applicant’s U.S. address.

In total, the entire process from filing the I-140 petition to receiving the green card can take approximately 14 to 20 months. Some sources suggest that the processing time can be as short as 45 days with premium processing for the I-140 and I-485 filed concurrently.  It’s important to stay updated with USCIS processing times and any potential changes in immigration policies that could affect these timelines.

Considerations During the Transition from L-1A to EB-1C Green Card

Transitioning from an L-1A visa to an EB-1C green card involves careful planning and attention to detail. Here are key considerations to keep in mind during the adjustment process:

1. Maintaining L-1A Status Throughout the Adjustment Process:

• It’s crucial to maintain your L-1A status until your adjustment of status (I-485) application is approved. This means continuing to fulfill the requirements of your L-1A visa, such as working in a managerial or executive capacity for the petitioning employer.
• Any changes in employment status or job duties could jeopardize your visa status and impact your green card application.

2. Travel Permissions During Adjustment:

• While your I-485 application is pending, you must be cautious about international travel. Traveling without the appropriate permissions can be risky and may result in the abandonment of your adjustment of status application.
• To travel outside the U.S. while your I-485 is pending, you should apply for Advance Parole (Form I-131). This travel document allows you to leave and re-enter the U.S. without affecting your application.
• Additionally, it’s advisable to maintain a valid L-1A visa to ensure you can return to the U.S. without issues.

3. Importance of Consulting with an Immigration Attorney:

• Navigating the transition from an L-1A visa to an EB-1C green card can be complex, with various legal requirements and potential pitfalls. Consulting with an experienced immigration attorney is highly recommended.
• An attorney can provide personalized advice, help prepare and review documents, and ensure all procedural requirements are met. They can also assist in addressing any issues that arise during the application process.
• Legal guidance is especially valuable if there are any changes in your employment or personal circumstances that could affect your status.

Ensuring you adhere to these considerations can significantly smooth your transition from an L-1A visa to an EB-1C green card, ultimately leading to permanent residency and a stable future in the United States. For more detailed guidance and to ensure compliance with all requirements, consult the official USCIS resources and seek professional legal advice.

Green Card Benefits for L-1A Visa Holders

Transitioning from an L-1A visa to an EB-1C green card offers several significant advantages, making it a highly attractive option for multinational executives and managers. Here are the key benefits:

1. No Need for Labor Certification:

• One of the most compelling benefits of the EB-1C category is that it does not require labor certification. Labor certification, a process that requires proving that there are no qualified U.S. workers available for the position, can be lengthy and complicated.
• Skipping this step not only simplifies the process but also significantly shortens the timeline for obtaining a green card, making the transition smoother and faster.

2. Direct Path to Permanent Residency:

• The EB-1C visa provides a direct path to permanent residency in the United States. This is a significant upgrade from the temporary nature of the L-1A visa, offering long-term stability and security.
• As a green card holder, you gain the right to live and work in the U.S. indefinitely, without the need for visa renewals. This permanence allows for greater personal and professional planning and growth.

3. High Approval Rates:

• The EB-1C visa category is specifically designed for multinational managers and executives, aligning closely with the roles held by L-1A visa holders. As a result, the approval rates for EB-1C petitions are generally high.
• The clear alignment between the L-1A visa requirements and the EB-1C criteria means that many L-1A visa holders are well-positioned to meet the eligibility requirements for the EB-1C green card.

These benefits make the EB-1C green card an excellent option for L-1A visa holders seeking permanent residency in the United States. For more detailed information and specific guidance on the transition process, refer to the official USCIS page on the EB-1C visa.

Filing Fees for EB-1C Green Card Application

Navigating the transition from an L-1A visa to an EB-1C green card involves several forms and associated filing fees. Understanding these costs upfront can help you budget and plan effectively for your application process.

1. Form I-140 Fee: $715

• The filing fee for Form I-140, Petition for Alien Worker, is $715. This fee must be paid by the U.S. employer filing the petition on behalf of the foreign worker.
• This fee covers the cost of processing the petition to classify the foreign worker as eligible for an employment-based immigrant visa.
• Asylum Program Fee 

1. If you are filing as a Regular Petitioner: $600
2. If you are filing as a Nonprofit: $0
3. If you are filing as a Small Employer:  $300
4. Form I-485 Fee: $950-$1,140

• The filing fee for Form I-485, Application to Register Permanent Residence or Adjust Status, varies depending on the applicant’s age and other factors.
  • The fee for applicants aged 14-78 is $1,440.
  • The fee for applicants under 14 or over 78 is $950
• This fee covers the cost of processing the adjustment of status application, which allows the applicant to transition from a temporary visa to permanent residency.

3. Additional Potential Fees:

• DS-260 Fee: If the applicant is applying for an immigrant visa from outside the United States, they may need to file Form DS-260, Immigrant Visa Electronic Application, with a fee of approximately $535.
• Affidavit of Support Fee: If required, the filing fee for Form I-864, Affidavit of Support is $120. This form is typically used to demonstrate that the applicant has sufficient financial support and will not become a public charge.

These fees are essential to consider when planning your transition from an L-1A visa to an EB-1C green card. For the most current and detailed fee information, you can refer to the official USCIS pages on Form I-140 and Form I-485, and consult the Department of State’s fee schedule.

Conclusion:

Transitioning from an L-1A visa to an EB-1C green card is a strategic move for multinational executives and managers seeking long-term stability in the United States. The process involves several key steps, from filing the I-140 petition to maintaining your L-1A status and handling the associated fees. Understanding these steps and preparing adequately can significantly enhance your chances of a successful application.

To navigate this complex process effectively, it’s crucial to consult with a qualified immigration attorney. An experienced attorney can provide personalized advice, ensure all documentation is in order, and help you avoid common pitfalls. For expert assistance, consider reaching out to Immigration Attorney Sweta Khandelwal.  Sweta and her team of professionals can guide you through every step of the process, making your journey to permanent residency as smooth and stress-free as possible.

Disclaimer:

Pricing information provided here is for reference only and may fluctuate. For the most accurate and current Government/USCIS fees, please refer to the relevant government websites or official resources. The attorney fees are indicative and will depend upon the facts and circumstances of the individual case. Fees and costs are subject to change and should not be considered as a definitive cost.