For many holding an L-1A visa, gaining permanent status in the United States through a green card has numerous benefits. Because the EB-1C immigrant visa category matches many of the L-1A non-immigrant visa regulatory requirements and bypasses the lengthy PERM labor certification, it’s an attractive option. In this guide, learn all about the L-1A to EB-1 green card process for L-1A visa holders, including an overview of the process, success rates, fees, processing times, and some other important considerations to keep in mind.
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L-1A and EB-1C Overview
There is an option for L-1 visa holders to obtain a permanent residency (green card) without losing their L-1 visa status. A third preference category under the Employment-Based Visa (EB-1C) was created for Multinational Executives and Managers. Applicants under the EB-1C category have qualifications very similar to an L-1A applicant.
What is an L-1A Visa?
The L-1A visa is a designation that allows U.S. employers to transfer executives, managers, and workers with specialized knowledge to one of the affiliated offices in the U.S. from their foreign office. To be considered an executive or manager under immigration law, you need to possess a high degree of authority in the position and perform a range of responsibilities, primarily operational or management, between the organization as a whole and the employees you oversee.
EB-1C Multinational Executives and Managers Requirements
- Employed for at least one year with a sister, parent, subsidiary, or affiliate of the intended U.S. employer
- The participant must work in the United States as a manager or executive
- The applicant’s homeland employer must make regular business transactions with the United States and other countries. This can be in the form of goods or services
- The U.S. employer must have been established in the United States for at least one year
Applicants for the EB-1C visa are highly considered if they have had or currently have an L-1A status, although this is not a mandatory prerequisite. The employment-based visa first preference category is also convenient in that it does not require a PERM Labor Certification.
How to Transition From L-1A to EB-1C Green Card?
If you are an L-1A visa holder, here are the steps you will need to take to go from L-1A to a green card (EB-1C).
Step 1: Employer Files I-40 Petition
Your employer must file an I-140 petition on your behalf. Even for the EB-1C, a job offer is required. However, you do not need to have your employer obtain a PERM Labor Certification, a key benefit of this green card. To speed up I-140 processing to 45 business days, premium processing is available.
Step 2: Monitor the Visa Bulletin
Once USCIS receives your I-140 petition, that date is marked as your priority date. You will need to check the visa bulletin released monthly by the Department of State to check if your priority date is current.
Step 3: Apply for a Green Card
Because the dates for the EB-1 tend to be current for most areas of chargeability, you can begin to apply for your green card through adjustment of status using Form I-485.
You can file Form I-485 at the same time as Form I-140 (concurrently) if:
- Your priority date is current according to the USCIS Visa Bulletin’s “Final Action Dates” or “Dates for Filing” (if USCIS is accepting those).
- You are physically present in the U.S. on L-1 status
Important – Check the visa bulletin regularly to ensure your priority date is current, as backlogs can develop. When your date is current, you can adjust your status or go through consular processing to obtain legal permanent resident status.
If your employer does not sponsor you for the EB-1C, then you have some additional options to consider. For instance, the EB-1A for Aliens with Extraordinary Abilities or the EB-2 NIW may suit your situation. In either case, it’s best first to consult a green card attorney to learn more about L-1A to green card options.
Adjustment of Status or Consular Processing?
Because you are already in the U.S. under L-1A status, you have the option to either:
- Adjust your status
- Undergo consular processing for those who are outside the U.S. at the time of filing. This is the only option available to you if you are already abroad
Adjustment of Status
Adjusting your status simply requires you to submit Form I-485 to the USCIS. This usually takes an average of 7.6 months according to USCIS data and cannot be expedited with premium processing. After receiving your adjustment of status packet, USCIS will send you a confirmation of receipt, Notice of Action (I-797C). Receiving this typically takes a few weeks. After receiving your Notice of Action, you will get your biometrics appointment date.
The basic filing fee for the I-485 ranges is $1,440
Consular Processing
Consular processing requires you to travel to a designated U.S. consulate or embassy in your home country for a one-on-one interview with a consular officer. While this may seem inconvenient, it may have a shorter processing time and a less expensive filing fee, though you have to factor travel costs into the expense.
Ultimately, the best route depends on your immigration situation. Consult with your immigration attorney to determine which process is the most appropriate for your case.
What is the L-1A Visa To Green Card Timeline?
- I-140 petition takes approximately 8.1 months
- Reduced to 45 business days if using premium processing
- Adjustment of status takes approximately 7 months
- Must wait for priority date to be current before this step. Priority dates are typically current for most areas of chargeability
- Adjustment of status can be filed at the same time as I-140 if you are on an L-1A and based in the USA, and your priority date is current.
💡 VisaNation Tip
The key takeaway is that the L-1A visa to green card timeline can be done in less than a year in the best circumstances. However, due to backlogs, countries like India and China will need to wait 2-3 years before they can move on to adjustment of status or consular processing, extending the timeline.
VisaNation Managing Attorney
What is the Cost of Transferring from an L-1A to an EB-1?
This depends on whether you choose to go through consular processing or to adjust your status.
Adjustment of Status
- I-140 filing fee: $715
- I-485 fee: $$1,440
Consular Processing
- I-140 filing fee: $715
- DS-260 immigrant application fee: $245
- Affidavit of Support fee (if applicable): $120
What is the L-1A to Green Card Success Rate?
While the success rate of changing from an L-1A to an EB-1C green card is exceptionally high, with FY 2024 data showing an approval rate at over 96%, it’s still key to work with an experienced attorney to ensure the complex petition is filed accurately.
Since the L-1 visa is considered dual intent, visa holders often try to apply for a green card before their status expires. The overall process to go from an L-1A visa to a green card is typically smooth, and the success rate is good, assuming you meet all the necessary criteria and file an accurate petition.
Considering that the requirements of L-1A and EB-1C are also very similar, applicants who choose to make that change tend to be successful in their applications. On the other hand, EB-1 and its subcategories can be a more difficult visa category compared to other options. This is because it requires applicants to possess the extraordinary ability, which is a unique part of this visa type.
L-1A to Green Card Benefits
There are many inherent benefits of the EB visa category, and therefore, it is favorable for many to transfer from L-1A and EB-1C. The main benefits are as follows:
- The sponsoring employer is responsible for providing the documents and covering the filing fees.
- There is no PERM labor certification process like other green card categories, a complicated process that can take over two years.
- There is no significant investment required. Some visas, like the EB-5 path, require you to invest significant sums.
- No “conditional” green card period.
- The odds of approval are relatively high if you were previously on L-1A status. That means if you’re shifting from L-1A to green card, the odds are in your favor!
L-1B to Green Card Process
Applicants with L-1B status will be required to go through the PERM Labor Certification process. L-1B applicants may endure long waits unless they are eligible to apply under EB-1 Extraordinary Ability or EB-1 Outstanding Researchers and Professors. To acquire a Green Card with an L-1B status (Specialized Knowledge Professional), the applicant may file under EB-3 or EB-2 categories. If eligible, the applicant may file under the National Interest Waiver (NIW), bypassing the PERM and job requirement.
Applicants with L-1A status may also pursue immigration benefits through the general family-based immigration process.
How VisaNation Can Help
While the L-1A and EB-1C classifications share similar requirements, the transition isn’t guaranteed. USCIS officers often apply a much stricter standard of evidence to green card petitions than they do for temporary visas. A single inconsistency in documenting your “managerial capacity” or a failure to properly update corporate relationships can lead to a Request for Evidence (RFE) or a denial, putting your permanent status at risk.
At VisaNation, we specialize in high-stakes employment immigration. We don’t just file forms – we build a comprehensive legal argument that anticipates USCIS challenges before they happen. Our lawyers are highly experienced in filing green cards for those currently under L-1 status and can help you determine if you qualify under the EB-1C category.
We recently represented an Irish executive in the chemical and oil industry transitioning from L-1A to EB-1C. The case faced a significant challenge when USCIS questioned the U.S. entity’s “ability to pay” and the qualifying relationship between the companies. Our team aggressively gathered the necessary evidence, including audited financial statements and detailed organizational charts, to rebut the challenge. The result was a full approval of the I-140 petition, successfully securing our client’s path to a Green Card.
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