Hello Guys, Here We’ll cover everything you need to know about transferring an L1A visa to Green Card (under the EB-1C category).
L-1 visa holders have the option to apply for permanent residency (green cards) without having to lose their L-1 Visa status. In addition, multinational executives and managers were granted a third preference under the Employment-Based Visa (EB-1C).
The qualifications of applicants under the EB-1C category are similar to those of L-1A applicants. Although the process of transferring from an L1A visa to a green card is pretty straightforward, it is advisable to be done with the help of an immigration professional.
What is an L1A Visa?
Employers can transfer managers, executives and workers with specialized knowledge from their foreign offices to the U.S. using the L1-A visa. It would help if you had a high level of authority to be considered an executive or manager in immigration law. A person who manages lower-level employees primarily will not be eligible.
A surgeon could, for example, have nurses and other employees in their practice. However, since her primary job is to be a surgeon, she wouldn’t be eligible for an L1A visa. However, an L1B visa would be more appropriate.
This nonimmigrant visa classification allows the company to send an executive/manager to the U.S. to set up an office. An L1 visa has the advantage of being a dual-intent visa. This means that you don’t need a physical residence in the country of your origin. This requirement is required for most nonimmigrant visas.
It requires you to inform the U.S. government of your intention to stay in the United States before obtaining the visa. The L1A visa-to-green card process has a significant advantage. There is no conditional green card period, unlike other keys. You can also avoid the Permanent Labor Certification Program.
Requirements for EB-1C Multinational Executives & Managers:
- An employment contract for at least one year with a sister, parent-subsidiary, or affiliate of the U.S. employer
- Participants must be employed in the United States as an executive or managers.
- The applicant’s home country employer must make regular business transactions with the United States and other nations. This could be in the form of goods or services.
- The U.S. employer must have existed in the United States at least one year ago.
Applicants for the EB-1C visa will be highly considered if they are currently or have been in L-1A status. However, this is not a requirement. Conveniently, the employment-based visa preference category does not require a PerM Labor Certification.
The PERM Labor Certification ensures that an employment opportunity does not adversely affect a U.S. worker’s wages or conditions. The applicant must allocate significant time and money to obtain a PERM Labor Certification.
L1A to EB-1C Green card Procedure
Here are the steps to follow if you hold an L-1A visa.
First, have your employer file an I-140 petition for you. To petition for the EB-1C, you will need a job offer in America. As stated above, your employer does not have to obtain a PERM labour certification. Premium processing is not available for EB-1C.
Your priority date will be determined once the USCIS receives your I-140. To check your priority date, refer to the visa bulletin published monthly by the Department of State. Fortunately, your petition approval date will allow you to file for an adjustment of status.
Reviewing the visa bulletin frequently is essential to ensure that your priority date remains current. Unfortunately, there have been instances when a backlog developed. You can adjust your status or undergo consular processing to become a legal permanent resident if your date is present.
You have other options if your employer doesn’t sponsor you for the EB-1C. For example, the EB-1A for Aliens With Extraordinary Abilities or the EB2 NIW might be a good option. To learn more about the L1A to green card options, consult a lawyer in either case.
How do I adjust my status or process for consular processing?
You have two options: to modify your L-1A status and to undergo consular processing. Consular processing is the only option for those not in the U.S. when they file.
To adjust your status, you must file an I-485 form with USCIS. It usually takes six months to complete and cannot be expedited by premium processing. USCIS will mail you a Notice of Action (I-797C) as confirmation of receipt after receiving your adjustment of the status packet. This usually takes several weeks. Once you have received your Notice of Action, your biometric appointment date will be given to you.
The I-485 basic filing fee is $750-$1,140.
On the other hand, consular processing requires that you travel to a U.S. consulate in your country to have a one-on-1 interview with a consular officer. Although it may seem cumbersome, consular processing is quicker and has a lower filing fee. However, it would help if you also considered travel costs.
The best option depends on your specific immigration situation. First, discuss your case with an immigration attorney.
L1A Visa to Green Card Success rate
Dual intent is a characteristic of the L-1 visa. Many visa holders will apply for a Green Card after their current status expires. If you meet all criteria, the process from L1A visa status to Green Card is usually smooth.
Differences between EB-1C & L1A Visa
As we have already mentioned, there are many similarities between EB-1C and L-1 Visa applications. However, despite their many similarities, there are significant differences. These differences are outlined below.
- The L-1A category is for temporary alien workers, and the EB-1C category is for immigrants. It is important to remember the distinction between immigrants and nonimmigrants.
- EB-1C is not available for blanket petitions. The L-1A allows for both an individual and a blanket petition. However, the EB-1C must still be sponsored individually.
- More is needed to have specialized knowledge. You may be eligible for the L1 category if you have specialized knowledge for a minimum of one year. However, more than this level of education/experience is needed to become a beneficiary of EB-1C.
Many cases can be made when someone moves from L1A to a green card. It is best to consult an experienced attorney before you file.
L-1B (Specialized knowledge) to Green Card Procedure
L-1B applicants will need to complete the PERM Labor Certification process. In addition, l-1 B applicants could only be eligible to apply for EB-1 Extraordinary Ability, EB-1 Outstanding Researchers and Professors. If qualified, the applicant can file under EB-3 or EB-2 categories to obtain a Green Card with L-1B status (Specialized knowledge Professional). The National Interest Waiver ( NIW) may also be filed.
L-1A applicants may be eligible for immigration benefits via the general family-based immigration process.
L1A Visa to Green Card Beneficials
Many people prefer to transfer from L-1A to EB-1C because of the inherent benefits of the EB visa category. These are the three main benefits:
- You can invest a little. You are not required to invest $1,000,000 or $500,000, unlike the EB-5 pathway.
- There is no “conditional” technical green card period.
- It is the responsibility of the sponsoring employer to provide the documents and pay the filing fees.
- If you have been in L-1A status, your chances of approval are high. This means that the odds of acceptance are high if you are moving from L1A status to a green card.
How much does transferring from an L-1A visa to an EB-1 visa cost?
It all depends on whether or not you decide to undergo consular processing.
Change of status
- I-140 filing fee of $700
- I-485 fee: $750-$1,140, depending upon your age. To learn more, see this chart by the USCIS.
- If applicable, biometrics fees: $85
- I-140 filing fee of $700
- Application fee for DS-260 visa: $230
- If applicable, biometrics fees: $85
- If applicable, $88 for an Affidavit Of Support.