The L-1 visa, also known as the Intracompany Transferee Visa, is a valuable option for multinational companies and their employees. As the name implies, this visa allows multinational companies to transfer employees from foreign offices to their U.S. branches. To qualify for this work transfer visa, applicants must have worked for the multinational company for at least one year within the last three years.

Despite its benefits, the L-1 visa is only valid for a few years and does not lead to U.S. permanent residency. Furthermore, L-1 holders may face strict job-specific requirements that could limit their access to various economic resources in the U.S. Thankfully, there are multiple pathways to change from an L-1 visa to permanent residency status.

In this article, you will learn about the different visa options for transitioning from an L-1 visa to permanent residency, their advantages, and the steps involved.

Types of L-1 Visas

The L-1 visas are of two main types: the first type applies to C-suite employees and managers, while the second is reserved for employees with specialized knowledge or skill. Below we discuss them in detail.

L-1A Intracompany Transferee Executive or Manager

The L-1A visa is for applicants who have worked for a foreign company in an executive or managerial role. For L-1A visa holders, the initial stay is up to one year for new companies and up to three years for established companies. This can be extended for up to seven years.

L-1B Intracompany Transferee Specialized Knowledge

The L-1B visa is for employees who possess specialized knowledge that is important to a company. This visa is best for workers with special expertise in a particular area, such as technology or research. L-1B visa holders are typically granted an initial stay of up to one year for new companies and up to three years for established ones, with a maximum stay of five years.

Different Routes to Obtaining a Green Card With an L-1 Visa

There are various options available to persons wishing to change from an L-1 visa to a Green Card. The most common types of U.S. immigrant visas available to foreign nationals with the L-1 visa are the EB-1C, EB-2, and EB-3 visas. Lastly, there’s the EB-5 visa option for investors who make a qualifying foreign investment.

Below, we take a closer look at the different employment-based pathways to obtaining a Green Card.

EB-1C Visa

The EB-1C immigrant visa is designed for multinational executives and managers, making it suitable for L-1A visa holders. One of the key advantages of the EB-1C visa compared to other employment-based visa categories, such as the EB-2 or EB-3 visas, is that it doesn’t require a labor certification.

To apply for the EB-1C Green Card, the employer will need to file the I-140 petition on behalf of its employee. Once the I-140 petition is approved, the employee can then file for adjustment of status (Form I-485) to transition from nonimmigrant status (like the L-1 visa) to permanent resident status.

However, the EB-1 category comes with its own set of rules and requirements, so L-1 visa holders must carefully study this option and their likelihood of receiving employer sponsorship before making such crucial decisions.

EB-2 Visa

The EB-2 Green Card is an employment-based immigrant visa for professionals with advanced degrees or special skills in their field. To qualify, applicants must have at least a master’s degree (or its equivalent) or demonstrate exceptional ability in areas such as science, arts, or business. Depending on their qualifications, L-1B visa holders may be eligible for an EB-2 visa.

Another benefit of this visa is that applicants can request a National Interest Waiver (NIW). The waiver permits applicants to skip employer sponsorship if they can prove their work is significantly valuable to the U.S.

Similar to the EB-1C application process, L-1 visa holders who want to apply for the EB-2 visa must file an I-140 petition. After that is approved, they must also file Form I-485. Unfortunately, a labor certification is required before applying for the EB-2 visa, which typically makes the visa process longer and more complicated.

EB-3 Visa

The EB-3 Green Card is an employment-based immigrant visa open to skilled, professional, and other workers. To qualify, skilled and professional applicants must have at least two years of experience or training in a skilled occupation or hold a U.S. bachelor’s degree. However, workers in unskilled labor positions require less than two years of experience.

L-1B visa holders are more likely to be eligible for the EB-3 visa as skilled and professional applicants than L-1A employees. Like the EB-2 visa, the EB-3 visa requires labor certification and also has a similar application process as the former. Certain EB-2 and EB-3 category applicants, especially those born in India or China, also face long backlogs.

EB-5 Visa

The EB-5 investment visa offers an appealing alternative pathway to obtaining a Green Card for L-1 visa holders. To qualify for an EB-5 visa, applicants must make a minimum qualifying capital investment of at least $1,050,000 million, or $800,000 if the investment is in a targeted employment area (TEA). Additionally, the investment must create at least 10 full-time jobs for U.S. workers.

The EB-5 path is the best option for L-1A visa holders who want to have full control over their Green Card application process as it offers more flexibility and fewer restrictions.

How to Obtain an EB-5 Green Card With Your L-1 Visa

At first, the EB-5 visa process may seem complicated to prospective applicants, but once you have the right information and expert guidance, you can position yourself for a successful EB-5 investment. Below, we have provided a break-down of the steps involved in transitioning from an L-1 visa to an EB-5 Green Card.

Preliminary Stages

The first step in your EB-5 journey should be gaining in-depth knowledge on the EB-5 program. This informs you of the basic EB-5 requirements and enables you to choose the right immigration attorney for your EB-5 application.

This may also be a good time to begin compiling the necessary documentation for the entire process with the guidance of your attorney.

Choose an EB-5 Investment Project

There are two EB-5 visa investment options from which applicants can choose: direct and regional center investments. Direct investments involve higher risk since the investor independently funds and manages the new commercial enterprise.

On the other hand, regional center investments involve investing through a USCIS-approved regional center, which manages EB-5 projects. This is often easier as regional centers handle job creation and other EB-5 compliance issues. It is perfect for applicants who prefer to be passive investors.

The type of investment you choose determines the fate of your EB-5 journey, so be sure to consult with an EB-5 expert and perform the required due diligence in selecting your EB-5 project.

File Form I-526E

After making a qualifying investment, the next step is to file your Form I-526E. This form demonstrates your qualifying investment, job creation plans, and source of funds documentation.

Your investment type determines which version of the form you’d file. If you’re investing in an NCE directly, choose Form I-526 (Immigrant Petition by Standalone Investor), while persons investing through regional centers are to file Form I-526E (Immigrant Petition by Regional Center Investor).

To file the petition, L-1 visa holders need to provide proof of their investment and its potential to create jobs, as well as documentation proving the legal source of their funds.

Apply for Adjustment of Status

Once your I-526E petition is approved, you can apply for conditional permanent residency in the U.S. by filing Form I-485. However, L-1 visa holders who already live and work in the U.S. may file Form I-485 concurrently with Form I-526E.

The first task here is to submit Form I-485 along with all required supporting documents and the filing fee. Upon receiving your application, the USCIS will schedule a biometric appointment at an Application Support Center (ASC).

At the appointment, USCIS will collect fingerprints (for background checks via the FBI and other agencies), digital photographs, and signatures (used for identity verification and documentation).

Receive Conditional Green Card

If Form I-485 is filed successfully, you and your eligible family members (spouse and children under 21) will receive a conditional EB-5 Green Card. This is valid for two years and grants the right to live and work in the U.S.

To ensure that your conditions are removed in two years, you must reside in the U.S. as a conditional permanent resident, create 10 full-time jobs through your investment, and avoid extended stays outside the U.S. (more than 6 months at a time).

File for Removal of Conditions

90 days before the two-year period of your conditional residency runs out, you must apply for a permanent Green Card by filing an I-829 petition.

Here, you will be required to provide business records, payroll records for employees, tax statements, and project completion documents. Your regional center and immigration attorney will help you with this. Once these documents are approved, your conditional status will be removed, and you will receive full permanent residency.

Permanent Green Card and U.S. Citizenship

After the conditions are removed, EB-5 investors will become permanent U.S. residents.

When you have stayed in the U.S. for five years and also met the naturalization requirements, you may file Form N-400 to apply for U.S. citizenship. The requirements include physical presence and continuous residence, among others.

Turn Your L-1 Visa Into a Green Card With EB5AN

Selecting the right employment-based pathway can be overwhelming for L-1 visa holders, especially because there are various options to choose from. This is why it is in your best interest to choose a knowledgeable immigration attorney who understands your needs and goals.

At EB5AN, we have the track record and deep industry knowledge to prove that we are a trusted partner for your EB-5 journey. With over a decade of experience as a top EB-5 firm, EB5AN boasts a 100% USCIS approval rate and a history of successful projects. Our team of skilled professionals is ready to support you at every stage of your EB-5 process.

To explore your EB-5 options, schedule a free consultation with our expert team at EB5AN today.