The L1 visa is a non-immigrant visa allowing international companies to transfer employees from foreign offices to their U.S. offices. This category includes L-1A visas for managers and executives and L-1B visas for employees with specialized knowledge.
If you are a foreign employee who will be transferred to the U.S., you might also be wondering, “Can I change from an L1 visa to green card status?” One of the key benefits L1 visa holders have is that they can change from an L1 visa to a green card.
Given the challenges of immigration law, we understand that applicants can be confused with the application process. At D’Alessio Law, we can help you get a green card. Our immigration attorneys have handled L1 visa to green card applications and can provide informed guidance to secure a quick and successful outcome.
Types of L1 Visas for Intra-company Transferees
To understand how you can change from an L1 visa to a green card, it’s important to distinguish between its two categories:
- L-1A Visa: This is only available to those working in a managerial or executive role.
- L1B visa: This visa is available to employees with specialized knowledge regarding their company.
The L1A visa is a preferred pathway to become a lawful permanent resident because it aligns closely with employment-based immigration categories. For example, the EB-1C visa is for multinational executives and managers.
The L-1 visa is also a dual intent visa. That means it’s perfectly legal to be in the U.S. on an L-1 visa and pursue a green card without violating the Immigration and Nationality Act.
How Do I Change from an L1 Visa to Green Card?
If you want to change from an L1 visa to green card, you should consult with an experienced immigration attorney as soon as possible. They can provide personalized advice on what your best options are.
To be eligible to apply for a green card, you generally will need to be the named beneficiary on an immigrant visa petition. Here are some of your options:
Employment-Based Immigrant Visa PetitionsIf your current employer or another U.S. employer offers you a permanent job and is willing to fulfill the Department of Labor’s (DOL) PERM labor requirements, you may be able to obtain an employment-based green card. Some of your options may be:
- EB-1A visa for people with extraordinary abilities.EB-1C visa for certain multinational managers or
- EB-2A visa for those with advanced degrees.
- EB-2B visa for those with exceptional abilities.
- EB-3A visa for skilled workers.
- EB-3B visa for professionals with a bachelor’s degree.
Self-Petitioning Employment-Based Immigrant Visa Petitions
Self-petitioning for a green card is rare, but possible. Your immigration attorney can help you determine if you are allowed to self-petition for an immigrant visa.
Visa types that allow for self-petitioning are:
- EB-1A visas — they do not require a job offer from an employer or a PERM labor certification
- EB-2 visas with a National Interest Waiver (NIW)
- EB-5 investor visas
Family-Based Immigrant Visa Petitions
If you marry a U.S. citizen or a lawful permanent resident, you can adjust your status from L1 to green card. To apply for such a green card, your spouse needs to successfully file a petition for a visa with USCIS on your behalf. Be prepared to prove that your marriage is bona fide. USCIS will investigate your case for immigration marriage fraud.
Can I Change from an L1 Visa to Green Card Before My Work Visa Expires?
Yes, you can transition from an L1 visa to a green card before your work visa expires. If you’re an L-1B visa holder, your employer should start the petition while you still have your L1 visa status. It’s recommended to initiate the process long before losing L1 status, as the green card application process can take a long time.
Can I Change from an L1 Visa to Green Card Without Leaving the United States?
You will not have to leave the United States if you are granted an immigrant visa before your L1 visa expires. You will have to go through adjustment of status .
Change Your L1 Visa to a Green Card with D’Alessio Law
If you are in the U.S. with an L1 work visa and you are interested in pursuing a green card, contact our immigration lawyers from D’Alessio Law today to schedule your consultation.
