Transition from L1B Visa to EB1C Green Card: A Step by Step Guide

If you’re ready to wield the hammer of career advancement in the U.S., the L-1B to EB-1C green card route could be your ultimate power move. Just like Thor’s ascent to becoming a true leader, this pathway transforms specialized knowledge professionals into executives commanding a permanent place in the land of opportunity.  

While many visas come with long waiting times and strict requirements, the EB-1C offers a faster, more straightforward path to permanent residency. With the ability to bypass certain hurdles faced by other visa categories, this option could be the best fit for your professional journey.

In this blog, we’ll guide you through the steps involved in transitioning from an L-1B visa to an EB-1C green card. We’ll highlight why this process could be your fastest route to securing your future in the U.S. So, let’s dive into why the EB-1C could be the perfect choice for you.

 

 

Why Does the L-1B to EB-1C Green Card Make Sense for You?

When you’re already on an L-1B visa, you might find that the path to a green card seems complicated. Many visa types require long waiting periods and extensive documentation. However, transitioning from an L-1B visa to an EB-1C green card can save you both time and stress. The EB-1C visa allows multinational executives and managers to bypass the delays that come with other visa options, giving you a quicker path to permanent residency. 

But how exactly can you make this L-1B to EB-1C green card transition? The process might seem challenging, but you don’t have to navigate it alone. Contact the Law Offices of Sweta Khandelwal to learn how to make your transition smooth and easy.

Key Differences Between L-1B and EB-1C

When it comes to visa options for professionals looking to work in the U.S., the L-1B and EB-1C visas offer distinct benefits. While both are designed for employees of multinational companies, they serve different purposes. Understanding these differences can guide you in choosing the right path for your career.

• Here’s a quick comparison of L-1B and EB-1C:

Feature	L-1B	EB-1C
Visa Type	Temporary	Permanent
Eligibility	Specialized knowledge professionals	Managers and executives of multinational companies
Duration	Up to 1 year, may be granted up to five years	Permanent residency, no time limit
Immigration Status	Non-immigrant status	Immigrant status (Green Card)
Family Inclusion	Can include spouse and children	Can include spouse and children

Also Read: EB-2 NIW Green Card Self Petition Guide

Eligibility for EB-1C

To qualify for the EB-1C, you must transition from a specialized knowledge role into a managerial or executive role. 

• The employee needs to have been employed with the company in a managerial or executive capacity. This means that if you are currently working in a specialized knowledge role under an L-1B visa, you will need to take on managerial responsibilities to be eligible for an EB-1C.
• The role transition from specialized knowledge to managerial or executive is a key point in the eligibility requirements. It’s essential to demonstrate that the employee’s responsibilities involve overseeing and managing others, making high-level decisions, and guiding company operations.

If you are ready to make that shift and secure your future with an EB-1C, it’s essential to seek expert guidance. Contact the Law Offices of Sweta Khandelwal to learn how you can transition from an L-1B visa to an EB-1C green card and move one step closer to permanent residency.

Process of Transitioning from L-1B to EB-1C 

Transitioning from an L-1B visa to an EB-1C green card requires a well-planned process, and there are key steps you must follow to ensure a smooth transition. Here’s a breakdown of the steps involved:

1. Meet Eligibility Requirements

• You must have worked in a managerial or executive capacity for at least one year in the last three years with your current employer.
• Your position should be within the company’s U.S. operations, and the company should be qualified to sponsor an EB-1C petition.

2. File the I-140 Petition

• Once you meet the eligibility criteria, the next step is to file Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS).
• You will need to provide comprehensive documentation to prove your managerial or executive role, including the following:
  • Job description and duties
  • Employer’s organizational structure
  • Proof of your previous specialized knowledge role and how it transitions to a managerial role
• Supporting documents must show that both the individual and the employer meet all necessary qualifications.

3. Wait for I-140 Approval

• After the I-140 petition is filed, USCIS will review your application, which may take 13 months. Once the petition is approved, your next step depends on your current location.

4. Adjust Your Status or Apply for a Visa

• If you are in the U.S., you can file for an adjustment of status (Form I-485) to become a permanent resident.
• If you are outside the U.S., you will need to go through Consular Processing and attend an interview at the U.S. consulate in your country.

This transition from L-1B to EB-1C can seem overwhelming, but with the right guidance, you can ensure a smooth process.

Also Read: Applying for NIW Green Card as a PhD Student

Documentation Required for EB-1C Petition 

For a successful EB-1C petition, both the employer and the employee must submit comprehensive documentation to prove the employee’s eligibility for the green card. Proper documentation is crucial for minimizing delays and ensuring that the application process moves smoothly.

Employer’s Documentation:

• Proof of Managerial/Executive Capacity: Detailed evidence demonstrating the employee’s managerial or executive role, including decision-making authority and leadership responsibilities. This could include job descriptions, performance evaluations, and letters from executives.

• Organizational Charts: Charts that clearly illustrate the employee’s position within the company’s organizational hierarchy, both in the U.S. and the foreign branch. These should highlight the employee’s role in relation to other positions in the company.

• Business Operations Evidence: Documentation that shows the company’s operational activities, such as annual reports, tax filings, and financial statements. This establishes the company’s legitimacy and operational scale.

• Company’s Relationship with Foreign Branch: Proof that a legitimate business relationship exists between the U.S. company and the foreign branch or affiliate. This may include partnership agreements, proof of ownership, and financial documents.

Employee’s Documentation:

• Employment Verification Letters: Official letters from previous and current employers outlining the employee’s job duties, dates of employment, and role.

• Evidence of Qualifications: Copies of the employee’s educational degrees, certifications, and any relevant professional training or awards.

• Job Descriptions: Detailed descriptions of the employee’s responsibilities and tasks within the managerial or executive role.

Gathering and submitting these documents correctly can significantly reduce delays and increase the chances of a successful EB-1C green card petition. Contact Sweta Khandelwal to ensure that your EB-1C petition is filed with all necessary documentation for a smooth process.

Timeline and Processing for EB-1C Application 

The EB-1C green card process involves several stages, each with specific processing times, and can take 12 months to complete. Delays are common, particularly when applications are incomplete or when Requests for Evidence (RFEs) are issued. Understanding the processing times for each form is essential to manage expectations.

• Form I-140 (Immigrant Petition for Alien Workers): Form I-140 is a key step in the EB-1C process. The average processing time is about 13 months, depending on the service center’s workload. If USCIS issues an RFE, the timeline could be extended by several weeks or months.

• Form I-485 (Adjustment of Status): For applicants inside the U.S., Form I-485 is used to adjust their status to that of a permanent resident. This process typically takes about 25.5 months, including background checks, biometric processing, and possibly an interview.

• Form DS-260 (Consular Processing): Applicants outside the U.S. will need to complete Form DS-260. This step usually takes 2 to 3 months, depending on the workload of the consulate or embassy. An in-person interview is required for approval.

• Biometric Processing: For those filing Form I-485, biometric processing usually adds 1 to 4 weeks to the overall processing time.

Premium processing is an option for EB-1C applicants, but filing a complete and accurate application from the start is essential to avoid unnecessary delays.

Also Read: EB-2 NIW Visa Processing Time: Requirements and Differences

 

 

Conclusion

Transitioning from an L-1B visa to an EB-1C green card is a significant step toward permanent stay in the U.S. This process, while complex, offers a clear path for professionals in managerial or executive roles. Success depends on meeting the eligibility requirements, providing thorough documentation, and staying patient throughout the waiting periods. With proper planning and support, you can navigate the process smoothly and increase your chances of approval.

For expert guidance through your EB-1C journey, Contact the Law Offices of Sweta Khandelwal today. Sweta Khandelwal and her team are ready to assist you every step of the way. Reach out to The Law offices of Sweta Khandelwal now to ensure a seamless transition.

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 notice.