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.
L-1A to EB-1C Green Card Transition Process
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.
L-1A to Green Card Success Rate
The success rate of changing from an L-1A to an EB-1C green card is exceptionally high, at over 80%. Since the L-1 visa is considered dual intent, it is often the case that these visa holders will try to apply for a green card before their status expires. The overall process to go from an L-1A visa to green card is typically smooth, and the success rate is good as well, assuming you meet all the necessary criteria.
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.
L1a Visa To Green Card Timeline
- I-140 petition takes approximately 7.6 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 L1A and based in the USA, and your priority date is current.
- Takes 7 months according to USCIS data
The key takeaway is that the L1a 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.
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
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.
An individual who handles predominantly lower-level employees would not qualify. For instance, a surgeon who has their own practice could have nurses and other employees they direct, but since the primary focus of her job is as a surgeon, she would not be eligible for an L-1A visa, but an L-1B would be more appropriate.
Should the company not have a U.S.-based office yet, this nonimmigrant visa classification permits the company to send the executive/manager for the purpose of establishing an office. One of the advantages of an L-1 visa is that it is considered a dual-purpose visa, which means you do not need to maintain a physical home residence in the country of origin. Most nonimmigrant visas have this requirement to assure the U.S. government that you do not plan to move to the United States prior to obtaining the visa.
Another significant benefit of the L-1A visa to green card process is that the procedure is fast-tracked because you can avoid the Permanent Labor Certification Program.
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. The PERM Labor Certification is mandated to ensure that the employment opportunity will not negatively impact U.S. workers’ conditions or wages. To acquire a PERM Labor Certification, the applicant needs to designate a substantial amount of time and funds.
Differences Between EB-1C and L-1A
As previously pointed out, there are many similarities between the EB-1C and L-1 Visa applications. Despite the many factors they share, there are some very important differences, outlined below:
- The L-1A is a non-immigrant category for temporary alien workers, whereas the EB-1C is an immigrant category. This distinction between immigrants and non-immigrants is important to bear in mind.
- There are no blanket petitions available for EB-1C. While the L-1A has the option for an individual as well as a blanket petition, the EB-1C must be sponsored on an individual basis.
- Specialized knowledge does not suffice. In the L-1 category, you may qualify if you have some specialized knowledge for a minimum of a year; however, this level of education/experience does not suffice for a beneficiary of the EB-1C.
Cases vary when making the transition from L-1A to green card so it’s advised to first consult a qualified attorney before filing.
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 three main benefits are as follows:
- There is no significant investment required. Unlike the EB-5 path, you are not mandated to invest $1,050,000 or $800,000 in a new commercial enterprise.
- No “conditional” green card period.
- The sponsoring employer is responsible for providing the documents and covering the filing fees.
- 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 (Specialized Knowledge) to Green Card Procedure
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) as well.
Applicants with L-1A status may also pursue immigration benefits through the general family-based immigration process.
Our Experience with L-1A to EB-1 Cases
Historically, EB-1C filings were subject to long processing times that could surpass one year. However, starting on January 30, 2023, USCIS began accepting premium processing (Form I-907) requests for the EB-1c category. This development rendered this visa category a much more attractive option to L-1A visa holders who seek to fast-track their immigrant visa processing. Our attorneys always stay on top of all developments in the immigration law industry so that we can assist our clients even better!
How We Can Help: L-1 to Green Card
VisaNation Law Group’s L-1A visa lawyers are highly experienced in filing for Green Cards for those who are currently under L-1A status or who were previously under L-1A status. They can help you determine if you qualify under the EB-1C category.
Contact VisaNation Law Group’s Fort Lauderdale immigration lawyers for more information and assistance with obtaining employment-based immigration benefits under the EB-1C category. Schedule your consultation today.