L-1B Visa To Green Card

The L-1B visa was designed to allow certain foreign workers to transfer to the United States and to work as a specialized knowledge worker for their employer. Yet the L-1B visa is a non-immigrant visa. It is temporary and does not directly lead to a green card. However, some options remain available for L-1B visa holders looking to secure permanent residency in the United States through the L-1B visa to green card pathway.

In this guide, I’m going to discuss how to go from an L-1B visa to a green card.

Overview:

• Summary of the L-1 Classification and the L-1B Visa
• How to Go From the L-1B Visa to Green Card
• The EB1C Visa and its Viability for L-1B Visa Holders
• PERM Labor Certification – a More Realistic Option for L-1B Visa Holders
• The EB-5 Visa
• The EB-1A Visa
• Conclusion

1. Summary of the L-1 Classification and the L-1B Visa

The L-1 Visa (also referred to as the intracompany transferee visa) allows foreign companies to transfer certain employees to work for their United States parent, subsidiary, affiliate, or branch office. If the foreign company does not have a parent, subsidiary, affiliate, or branch office in the United States, the L-1 visa allows the foreign company to send an employee to establish a new office in the United States.

Within the L-1 visa, there are 2 separate classifications, the L-1A visa and the L-1B visa. The L1A visa is for foreign workers who will be working in the United States as either a manager or executive. The L-1B visa is for foreign workers who will be working in the United States as a specialized knowledge worker.

The L-1B visa is a nonimmigrant visa, so it is temporary in nature and does not directly lead to a green card. In order to go from L-1B visa to green card, you will have to switch to an immigrant visa classification, which is a key part of the L-1B visa to green card strategy discussed below.

L-1B Visa Requirements

To get an L-1B visa, there are 3 main requirements:

•   There must be a qualifying relationship between the foreign company and the US company.

•   The L-1B visa beneficiary must have continuously been employed by the foreign company, full-time, for at least 1 year within the previous 3 years prior to filing the L-1B petition.

•   The L-1B visa beneficiary must be coming to the US company to work in a position that requires specialized knowledge.

L-1B visas are generally granted for an initial period of up to 3 years, with a maximum stay of 5 years. After 5 years on L-1B status, you must either switch to another visa or leave the U.S. for at least one year before reapplying for L status. This makes it crucial to explore green card options early if you intend to stay in the U.S. long-term through an L-1B visa to green card transition.

2. How to Go From the L-1B Visa to a Green Card

As discussed, the L-1B visa is a non-immigrant visa that is temporary in nature, so it does not directly lead to a green card without pursuing an L-1B visa to green card option. However, there are still some solutions available for those seeking permanent residency in the United States through an L-1B visa to green card pathway.

The critical part of transitioning for a green card to apply for and be approved under an immigrant visa classification. You must be approved for an immigrant petition through USCIS, such as an I-130 or I-140, and then either adjust status with USCIS or apply for an immigrant visa through consular processing.

An immigrant classification leads to a green card, while a non-immigrant classification, such as L-1B, does not. A green card ensures permanent residency and is the first step for obtaining United States citizenship, if that is your ultimate objective.

It is also important to note that the L-1B visa does not require that you have non-immigrant intent (such as is required with a tourist visa). Instead, you can have dual intent, which means if you eventually pursue your green card, you have the ability to do so without scrutiny regarding whether that was your intent all along.

While it is certainly possible to transition from L-1B to a green card, it is not always easy. The process can be complex and time-consuming, especially for those pursuing an L-1B visa to green card option through PERM labor certification instead of EB1C. The green card process timeline can vary widely depending on the L-1B visa to green card pathway you take. For example, PERM-based EB-2 or EB-3 processes can take anywhere from 1.5 to 3 years, while EB-1A may be faster if you qualify. Factors such as your country of birth, visa bulletin wait times, and USCIS processing times will all impact how long it takes.

3. The EB-1C Visa and its Viability for L-1B Visa Holders

The EB-1C visa is an immigrant visa classification that allows foreign companies to transfer a manager or executive to a related US company. The foreign worker must have worked for the foreign company full-time or at least 1 continuous year within the 3 years prior to filing the EB1C visa petition. However, if the foreign worker has been working for the US company, then they only need to have worked for the foreign company within the 3 years prior to beginning to work for the US company.

There must be a qualifying relationship between the foreign company and the US company. The foreign worker must have also worked for the foreign company as a manager or executive. The foreign worker must also work for the US employer as either a manager or executive, once the EB-1C is approved.

The EB-1C visa is very similar to the L1A visa, rather than the L-1B visa. Therefore, there are some important things to keep in mind with this option.

For those currently in L-1B status, a transition from L-1B to EB-1C may be challenging when pursuing an L-1B visa to green card option. The EB-1C requires that you work for the US company as an executive or manager, AND your employment with the foreign company must have been as an executive or manager. For that reason, many L-1B visa holders will not find this option useful. In the event that you may still possibly qualify, you will still be tasked with showing that your employment for the foreign company satisfied the definitions for either a manager or executive. However, some L-1B holders may transition to a managerial or executive role in the U.S., making EB-1C viable if they meet the prior foreign employment criteria. L-1A is generally more favorable for obtaining a green card, especially through the EB-1C route, which does not require labor certification. In contrast, most L-1B holders must go through the more complicated PERM process.

4. PERM Labor Certification – a More Realistic Option for L-1B Visa Holders

Thankfully, there are other options besides EB-1C for L-1B visa holders seeking a green card through an L-1B visa to green card process.

Employer Sponsorship Through PERM Labor Certification

If an employer is willing to sponsor you, you may be able to transition to an immigrant visa classification under either the EB-2 or EB-3 visa categories as part of an L-1B visa to green card strategy. The first step of this process is for a US employer to secure an approved labor certification. There are multiple categories for EB2: for the purposes of applying with an employer, you will likely fall under the Advanced Degree category. EB-3 also has multiple categories: Skilled Workers, Professionals, and Unskilled Workers. With an L-1B, you will likely fall under the “Professionals” category.

Labor certifications are issued through the United States Department of Labor upon submission of necessary information and forms. They must prove that, through testing the market and other means, there are no other viable and/or qualified US workers for the job.

Certain steps of this process include:

• Prospective US employers going through job recruitment activities, such as job listings or advertisements
• They must be unsuccessful at finding a qualified US worker
• They must give you a full-time job offer
• They must have the ability to renumerate (pay) you for your work at the designated prevailing wage

This process can be time-intensive, but qualifying under EB-2 and EB-3 can be an attractive L-1B visa to green card option, especially if the backlog in your country is not extensive.

If you are comparing options, many consider the H-1B more advantageous than L-1B for transitioning through an L-1B visa to green card pathway. This is because H-1B holders can more easily pursue PERM-based green cards and are not limited by the 5-year cap like L-1B holders. However, L-1B offers dual intent and does not require a lottery, which is a major benefit for some applicants.

5. The EB-5 Visa

If you possess the necessary capital, one option for obtaining a green card can be through the EB-5 visa as part of an L-1B visa to green card plan. The EB-5 visa is an investment-based immigrant visa. In order to qualify for the EB-5 visa, you must invest $1.8 million and your business must create at least 10 full-time jobs for US workers. The investment amount can also be lowered to $900,000 for targeted employment areas (essentially meaning areas that are economically depressed).

6. The EB1A Visa

If you have extraordinary ability in the sciences, arts, education, business, or athletics, you may possibly qualify for the EB-1A visa as an alternative L-1B visa to green card option. While the standard of proof in these cases is high, it may yet be a viable option depending on your background. In addition to showing that you have extraordinary ability, you must show that you will continue to work in the United States in the field of your endeavor, and that your work will substantially benefit US interests. “Extraordinary ability” essentially means you are among the very top of your respective field internationally, and is proven with a variety of evidence.

7. Conclusion

After having read this guide, you should now have a much better understanding of potential options for the L-1B visa to green card process.

FAQs Recap

• Can an L-1B visa be converted to a green card? Yes, through multiple L-1B visa to green card pathways such as EB-2, EB-3, EB-1A, or EB-5.
• Is it easy to convert L-1B to a green card? The L-1B visa to green card process can be complex and time-consuming, especially via PERM.
• How long does it take to get a green card from L1B? The L1B visa to green card timeline is typically 1.5–3 years, depending on the pathway and country.
• What happens after 5 years of L-1B? You must switch visas or leave the U.S. for one year.
• Which is better, L-1A or L-1B for a green card? L-1A is often easier via EB-1C.
• Which is better, L-1B or H-1B for a green card? H-1B may be easier due to fewer time limits.

If you have any questions about the information in this guide or how to proceed on certain points, you can email us directly at contact@ashoorilaw.com or you may request a free consultation by clicking this link. We are very responsive via email and would be happy to help you.