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One of the first steps that many foreign professionals take to get a green card is applying for a nonimmigrant visa. Working in the U.S. through nonimmigrant visas such as the H-1B, E-2, or L-1B creates the perfect avenue through which a green card can be achieved. Going from an L-1B visa to a green card can be a great way to live and work permanently in the U.S. Here’s how to do it.
Are you interested in changing from an L-1B to a Green Card? First, an overview of the L-1B Visa and its requirements:
The L-1 visa is designed for multinational companies to transfer their foreign employees to a branch, subsidiary, office, or affiliate in the U.S. These employees, however, must fall into one of these two categories:
The L-1B Visa is a nonimmigrant visa. By definition, this means it is temporary and has an expiration date between one to three years, with possible extensions to five years. However, while it is a nonimmigrant visa, it has the benefit of “dual intent.” This means you can have the intent to transition from an L-1B to a green card, without penalty. This is something you cannot do on many other nonimmigrant visas, such as a tourist visa.
To qualify as an L-1B employee, you must be able to demonstrate a qualifying relationship between the foreign and U.S. company and you, the beneficiary.
Additionally, you must have specialized knowledge of an aspect of the company that makes you indispensable to the company’s function in the United States, such as its:
This must go beyond simply having experience in the field.
Lastly, you must have been working for the company for at least one consistent year in the three years before petitioning.
To go from an L-1B visa to a green card, you first need to get USCIS approval for an immigrant petition (under an immigrant visa classification) via one of two routes:
After the relevant form is filled out on your behalf, you subsequently go through either:
The reason you have to go this route is that the L-1B visa is considered a non-immigrant classification, and only immigrant visa classifications can result in a green card without needing to go through the aforementioned process.
Recommended read: How to transition from L-1A visa to EB-1C green card.
Because the L-1B is a work visa, we’ll take a look at the employment-based green cards available to L-1B visa holders.
As an L-1B visa holder, you may be able to transition to an EB-2 green card if you have an employer willing to sponsor you. This immigrant visa is designed for people who possess exceptional ability in their field or hold an advanced degree in that field.
To qualify for the EB-2, you need to have a job under one of the following sub-categories:
To qualify for this subcategory, you must have:
The offered position must qualify as a professional occupation, either by being listed under INA 101(a)(32) or by requiring at least a bachelor’s degree or foreign equivalent as the minimum entry-level qualification.
You must also satisfy all job requirements stated on the labor certification as of the priority date (the date the labor certification was filed).
According to the USCIS, to qualify for an EB-2 green card under the exceptional ability category, you must have at least three of the following:
Immigation tip: Speak with a qualified immigration attorney to learn what evidence qualifies you for this green card. Schedule a Consultation
Immigation tip: Speak with a qualified immigration attorney to learn what evidence qualifies you for this green card.
Schedule a Consultation
The National Interest Waiver (NIW) is a provision under the EB-2 green card that has a different, much faster process relative to the regular EB-2 visa. Getting an EB-2 National Interest Waiver (NIW) means that the following requirements are waived:
In short, with an NIW, you can sponsor yourself by submitting your petition directly to the USCIS.
An L-1B holder seeking an EB-2 NIW green card must be able to prove that waiving the PERM labor certification process will be in the interest of the United States. In other words, the applicant’s endeavor in the U.S. will benefit the country.
To qualify for an NIW, you must meet all the EB-2 requirements. In addition to those, you must also demonstrate that you meet the following National Interest Waiver requirements:
More specific details of the NIW three-prong test can be found on the USCIS webpage.
Though the EB-2 NIW may be more stringent compared to the regular EB-2 application requirements, it has many advantages if you meet the criteria. Apart from the opportunity to self-petition, the process is much faster as you do not need to undergo the lengthy PERM labor certification, which usually takes over a year to complete.
The EB-3 green card is for professionals and is split into three subcategories:
Note: Experience and education may not be substituted for a bachelor’s degree.
Most L-1B holders may find themselves in this category due to the specialized nature of their positions.
Note: Having relevant post-secondary education may be considered as training. Acceptable evidence may include official academic records and letters from current or former employers.
The other green cards, while not impossible to obtain, would be difficult for L-1B holders to qualify for and, therefore, unlikely candidates for your green card. These include:
The EB-5 visa is a great alternative if you have the necessary capital, and the business you invest in creates a minimum of 10 full-time jobs for domestic workers.
The difference in investment level required is based on whether the area you invest in is an a Targeted Employment Area (high-unemployment or rural) or not. The unemployment area needs to have an avg. unemployment of at least 150% of the U.S. national rate.
If you think that you qualify for any of the above green cards, work with your immigration attorney before taking any steps to be sure that you qualify and that your case has the best chance of approval.
If you are interested in the green card routes through marriage, explore our guide to marriage visas
Generally, there are three steps to moving from L-1B nonimmigrant status to a green card. No matter which green card you choose, the first step will be to ask your employer to sponsor you for your green card.
If that is unavailable to you, you need to find an employer that will sponsor you. The only exceptions to this rule are the EB-1C and the EB-2 with a National Interest Waiver.
The three steps are as follows:
Now that you have a sponsoring employer, he or she will need to obtain a PERM Labor Certification on your behalf. This involves having your employer go through a recruitment process to ensure that no qualified U.S. workers are available to fill your position and that you are going to be paid the prevailing wage for your area.
After the PERM process is done, your employer will have to file an I-140 petition for you. The date that the USCIS receives your petition will become your “priority date”.
You will need to wait until that priority date becomes current with the final action dates released in the Department of State’s monthly visa bulletin. The amount of time that you will need to wait depends on the kind of green card that you apply for and your country of origin.
Once your priority date is current, you can submit your I-485 form to have your status adjusted to that of a legal permanent resident. If you are outside the U.S., you will need to go through consular processing, which involves going to a U.S. consulate or embassy for a one-on-one interview with an immigration officer.
If you make it through all of these steps, you’ll have your green card! However, each step can be difficult to do right the first time. Always be sure to hire an immigration attorney before going into the L-1B to green card process.
Now that we’ve laid out the steps, it’s important to know how long the L-1B to green card process takes.
The best-case scenario has an L-1B to a green card processing time of 7 months, while the worst-case scenario depends on the waiting time for your priority date, but can extend to over a decade.
The I-485 processing time may vary depending on the green card category you are opting for. However, the following are the steps involved and the average processing time for each step:
For a properly filed adjustment of status petition, the USCIS will send a confirmation receipt letter known as a Notice of Action, I-797C. This will be sent to you 2 to 3 weeks after the USCIS has received your petition.
The next notice you will get is for your biometric appointment schedule. This is to let you know the date and the location for your biometrics appointment. The biometrics appointment notice is usually sent out 3 to 5 weeks after submitting your petition.
The biometric appointment involves the collection of fingerprints as well as your signature and photograph. This is to run a criminal background check on you, which is part of what determines your eligibility for a green card. Biometrics appointments usually take place 5 to 8 weeks after the petition was submitted.
If you submitted your I-765 and I-131 forms along with your I-485, you should receive your EAD during the process. The I-765 is the Application for Employment Authorization Document, while the I-131 is the Application for Travel Document. Once your EAD is issued, it will serve as official authorization for employment (work permit) as well as an advance parole travel document while waiting for your green card. This should be within two to three months of submitting your petition.
Not all I-485 cases require an interview. If your case requires it, you and your employer will be sent a notice stating the location, date, and time of your interview. Status adjustment interviews typically take around 30 minutes. You should receive this notice within 4 to 10 months after submitting your petition.
The adjustment of status interview usually takes place within 6 to 12 months after submitting your petition.
In some cases, permanent residence status may be issued after the completion of your adjustment of status interview. All things being equal, you should get your permanent residence status within 8 to 14 months of filing your petition. If your petition is approved, your green card will be mailed to you. Once you receive your green card, you will no longer need the EAD—the green card is all you need as a legal document to live, work, and travel in and out of the U.S.
Fortunately, if this processing time is too long for you, there are ways to expedite the process. This can be done in two areas: the I-140 petition and the priority date wait time.
The I-140 processing time can be shortened from six months to 15 calendar days by using the premium processing service for a fee of $2,805. If the USCIS fails to process your petition in the allotted time, then you will receive a refund of your fee.
The priority date wait time can only be shortened by upgrading or “porting” your green card petition. This is not as easy as it sounds, as you will need to acquire a new job as well as the qualifications for the higher preference level. Work with your immigration attorney to navigate this delicate process.
Here is a breakdown of the fees associated with transitioning from an L-1B to a green card:
Important: Do not forget to sign all relevant forms. We strongly recommend having an immigration attorney thoroughly review your case to ensure all necessary fields are completed and all fees necessary are rendered. Your employer will be responsible for all mandatory and auxiliary costs associated with the PERM and I-140 petition. You or your employer can pay for the I-485, attorney, and premium processing fees. However, you will be responsible for all costs associated with consular processing, such as the DS-260 and affidavit of support fee.
Important: Do not forget to sign all relevant forms. We strongly recommend having an immigration attorney thoroughly review your case to ensure all necessary fields are completed and all fees necessary are rendered.
Your employer will be responsible for all mandatory and auxiliary costs associated with the PERM and I-140 petition. You or your employer can pay for the I-485, attorney, and premium processing fees. However, you will be responsible for all costs associated with consular processing, such as the DS-260 and affidavit of support fee.
As an L-1B worker, you are allowed to continue working while your adjustment of status is pending. However, there are certain rules you must follow if you still want to maintain your L-1B nonimmigrant status until you receive your green card.
During the waiting time for your green card, you have two options:
You can obtain an EAD and choose not to use it as long as you still have your valid L-1B status and continue working with the same employer that sponsored the visa. Merely obtaining an EAD does not affect your status—it only has an impact when you use it either for your current employer or another employer.
However, the moment you choose to use your EAD to work, your L-1B status will be terminated.
To continue staying and working in the U.S., you will need to file for and get an advance parole document to travel out and then re-enter the United States as a parolee. You will no longer be considered as an L-1 holder but rather a parolee. While an advance parole document gives you the eligibility to return to the U.S., it does not guarantee you will be admitted upon arrival at the border or airport.
Another implication of moving from an L-1B to a parolee status is that if your I-485 petition is not approved, there will be no nonimmigrant status to fall back on, and this will put you at the risk of being flagged for an unlawful stay and unauthorized employment.
Although you can travel in and out of the United States while your I-485 petition is pending with the USCIS, certain precautions must be put in place to avoid forfeiting the green card application. This is because being away for too long or traveling out of the country without proper regulations may be considered as abandoning the green card application. So, to avoid this, there are two things you can do before starting international travel:
The USCIS allows all green card adjustment of status applicants to submit both the I-765 and I-131 forms simultaneously with their I-485 petition. The I-765 is an application for an employment authorization document while the I-131 is an application for a travel document. Because AOS is a long process, these two accompanying documents are issued to allow applicants to work and travel lawfully while their green card application is pending.
You can submit both forms together with your I-485 petition or file them separately later. The I-131 is usually processed within three to six months. If your I-131 application is approved, you will be issued advance parole, which will allow you to reenter the U.S. after your journey. Leaving the U.S. without advance parole may lead to being denied re-entry as well as denial of your I-485.
While having an approved I-131 gives you the legal ability to travel out and return to the United States, you may still be left stranded if you don’t maintain your L-1B status for the entire duration of the I-485 process. This is because, if the I-485 is denied, the accompanying advance parole may also be denied, resulting in an inability to re-enter the U.S. In addition, even with a valid I-131, you will still need to pass through with the Custom and Border Protection checks, and if you are found inadmissible, you may be denied entry.
However, with your valid L-1B status, you may travel without obtaining advance parole as long as your visa will still be valid as at the time you return to the United States. This is one of the privileges the L-1 and H-1B visas have over some other nonimmigrant visas. While some other nonimmigrant categories must obtain advance parole, the law makes it optional for L-1 and H-1B workers, provided they meet the following requirements:
The same privilege is extended to your spouse and children as long as you (the principal nonimmigrant visa holder) maintain valid status.
If you reenter the U.S. with both a valid L-1B status and an I-512, advance parole document, you will be eligible to re-enter either as a parolee or L-1B nonimmigrant. The fact that you have obtained advance parole doesn’t mean you must use it. So, it is your prerogative to choose which status to be readmitted on. W
hile it is generally advisable for most to be readmitted as L-1B status instead of a parolee, please consult with your immigration attorney before making any decisions.
If you don’t have valid status and you are readmitted as a parolee upon your arrival from international travel, your L-1B nonimmigrant status will be terminated. This means you are now a parolee. You can only hope that your I-485 petition is approved. Otherwise, you will be at the risk of being out of status.
Below you will find answers to the most commonly asked questions about this topic:
Yes, it’s possible. Options such as the EB-2 National Interest Waiver (NIW), certain EB-1 categories (like EB-1A for individuals with extraordinary ability), and green cards through marriage to a U.S. citizen do not require employer sponsorship.
An authorized lawful permanent resident, also known as a “green card holder,” can live, work, and sponsor relatives for their own green cards, and eventually becomes a citizen of the United States.
The U.S. government may deny a green card application for several reasons, including incorrectly filled out forms, missing documents, inadequate financial resources, and more.
In the Visa Bulletin, published every month by the Department of State, the chart shows which green card applications can move forward, based on when the I-130 petition that starts the green card process was originally filed. As a result of Congress’s annual cap on the number of green cards that can be issued in certain categories, a visa backlog is often the case.
As we’ve stated before, it’s never a good idea to go into something as complex as immigration law without an experienced guide. Retaining an immigration attorney can help you ensure each step from an L-1B visa to a green card is done correctly. You will also have an expert to fight for you if unexpected issues arise.
If you’re interested in making the transition from L-1B to a green card status or you want to apply for an L-1B in the first place, schedule a consultation with one of VisaNation Law Group’s attorneys today.
