Transition from an L-1 visa to a Green Card (permanent residency)
The transition from an L-1 visa to a Green Card (permanent residency) in the United States is a significant step for individuals seeking to establish long-term residency. The process differs for L-1A and L-1B visa holders. Let's explore the pathways for each category:
L-1A Visa to Green Card:
1. EB-1C Immigrant Visa:
The L-1A visa holder can seek a Green Card through the EB-1C immigrant visa category, which is designed for multinational executives and managers.
Requirements for the EB-1C Green Card are similar to those of the L-1A visa, focusing on the individual's managerial or executive role within the qualifying U.S. organization.
2. I-140 Petition:
The U.S. employer must file an I-140 petition, known as the "Immigration Petition for Alien Worker," with the U.S. Citizenship and Immigration Services (USCIS) on behalf of the L-1A visa holder.
This petition establishes the eligibility of the individual for the EB-1C immigrant visa.
3. Adjustment of Status (I-485) or Consular Processing:
Once the I-140 petition is approved, the L-1A visa holder can apply for an adjustment of status to become a permanent resident using the I-485 form if they are in the U.S.
If the L-1A visa holder is outside the U.S. when the petition is approved, they can go through consular processing to obtain their Green Card.
4. Timing:
The overall process can take around eight months to a year to complete. It's advisable for L-1A visa holders to consider applying for their Green Cards well before their visas are set to expire.
L-1B Visa to Green Card:
1. EB-2 or EB-3 Immigrant Visa:
L-1B visa holders can pursue Green Cards through the EB-2 or EB-3 immigrant visa categories.
The EB-2 category is for individuals with advanced degrees or exceptional abilities, while the EB-3 category is for skilled workers, professionals, or other workers.
2. PERM Labor Certification:
Unlike the L-1A process, L-1B visa holders, and their U.S. employers must first obtain a PERM labor certification from the U.S. Department of Labor before filing the I-140 petition with the USCIS.
The PERM process ensures that the Green Card applicant is not displacing qualified U.S. workers.
3. I-140 Petition, Adjustment of Status, or Consular Processing:
Similar to the L-1A process, the U.S. employer files an I-140 petition on behalf of the L-1B visa holder once the PERM labor certification is approved.
The subsequent steps include adjustment of status (I-485) if the individual is in the U.S., or consular processing if they are outside the U.S.
4. Timing:
The PERM labor certification is a critical factor in the processing time and can take around eight months to two years, especially if subjected to an audit or supervised recruitment.
The overall best-case scenario for obtaining a Green Card through the L-1B visa is at least one year and eight months.
L-2 Visa to Green Card:
Since the L-2 visa is dependent on the L-1 visa, L-2 visa holders can also apply for permanent residency. They may be included in the adjustment of status process at the same time as the L-1 visa holder’s Green Card application. However, maintaining valid L-2 status throughout the process is crucial.
Navigating the L-1 visa to Green Card process can be complex, and individuals are advised to seek guidance from immigration professionals to ensure a smooth transition to permanent residency.