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This page discusses the process of obtaining an EB-1 green card for a current L-1A visa holder. The EB-1 category includes three subcategories: EB-1A, EB-1B, and EB-1C. If you are an L-1A visa holder and are interested in obtaining a green card through the EB-1 category, this page will be particularly useful to you as the EB-1C immigrant visa category mirrors many of the L-1A non-immigrant visa regulatory requirements. Here, we will provide an overview of the steps involved in the L-1A to EB-1 green card process, success rates, processing times, and some other important considerations to keep in mind.
Policy Update- On September 12, 2023 USCIS updated the manual to offer clarifying guidance on examples of evidence that may satisfy the relevant criteria for employment first-based preference applicants, as well as how USCIS officers evaluate the totality of the evidence for eligibility. See the complete details in this EB-1 policy update post.
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 – Your employer must file an I-140 petition on your behalf. Even for the EB-1C, you need a job offer in the U.S. in order to petition. However, you do not need to have your employer obtain a PERM Labor Certification. Keep in mind that premium processing is not available for the EB-1C.
Step 2 – Once your I-140 has been received by the USCIS, that date will mark your priority date. You will need to check the visa bulletin released monthly by the Department of State in order to check if your priority date is current. Fortunately, the dates for the EB-1 tend to be current, meaning that you can file for an adjustment of status as soon as your petition is approved.
Keep in mind – It is important to check the visa bulletin regularly to make sure that your priority date is current, as there have been periods of time when a backlog has developed. In any case, 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.
Because you are already in the U.S. under L-1A status, you have the option to adjust your status or go through consular processing. For those who are outside the U.S. at the time of filing, the only option available to them is consular processing.
Adjusting your status simply requires you to submit an I-485 form with the USCIS. This usually takes an average of six months 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 from $750-$1,140.
On the other hand, consular processing requires you to travel to a designated U.S. consulate or embassy in your home country to participate in a one-on-one interview with a consular officer. While this may seem inconvenient, it does tend to have a shorter processing time and a cheaper filing fee, though you have to factor travel costs into the expense.
Ultimately, the best route depends on your immigration situation. Sit down with your immigration attorney to determine which process is the most appropriate for your case.
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 that 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.
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.
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 predominately 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 somewhat fast-tracked because there isn’t the conditional green card period like with other visas and you also can avoid the Permanent Labor Certification Program.
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. worker’s conditions or wages. To acquire a PERM Labor Certification, the applicant needs to designate a substantial amount of time and funds.
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:
Cases vary when making the transition from L-1A to green card so it’s advised to first consult a qualified attorney before filing.
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:
This depends on whether you choose to go through consular processing or to adjust your status.
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.
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!
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.