In this guide we review the process, steps involved and processing times of transitioning from an L1 visa to a green card.
An L1 intracompany transferee visa is available to employees of multinational companies who are either (i) executives or managers (L1a), or (ii) work in positions requiring specialized knowledge (L1b) and are being transferred from the company abroad to the new or existing company in the U.S.
L-1A visas are often used for new start-up companies in the U.S. when a manager or an executive gets transferred to the U.S. to open a new affiliate office or a subsidiary to begin the operations. The prospective transferee must have been employed for a qualifying organization abroad (a parent, branch, affiliate, or subsidiary) for one (1) continuous year within the three years preceding the filing of an L1 petition. The spouses and children of L1 visa holders qualify for an L2 status as dependents.
Once the prospective employee has been approved for an L1 visa, they will either Consular Process for a new visa through a U.S. Consular post abroad or change their status stateside, if currently residing within the United States. The L1 visa is approved for an initial period of 3 years. If the U.S. employer continues to seek the services of the L1 employee, they may file an extension.
L1 visas can be renewed in increments of two years at a time until they have reached the maximum number of years available: L1A visa is available for 7 years, while L1B visa is available for up to 5 years. It is at least a year prior to the expiration of their L1 status that the U.S. employer can sponsor the L1 visa holder to adjust status, so that the employee may transition from L1 visa to a green card.
The visa transition process: L1 to Green Card
When an employee is transitioning from an L1 to green card, the employer would sponsor the employee for permanent residence through an EB-1 employment-based preference category for multinational executives or managers, EB-2 for individuals holding advanced degrees, or EB-3 for employees with a Bachelor’s degree or skilled worker. The EB-1 immigrant category bypassing the labor market test and the labor certification process with the U.S. Department of Labor (DOL), while EB-2 and EB-3 require the PERM Labor Certification filing with DOL. Form I-485 Application to Register Permanent Residence or Adjust Status for the L1 visa holder (and their dependents) gets filed after the PERM has been approved by the DOL in EB-2 or EB-3 immigrant categories, or once and when I-140 immigrant petition gets filed under the EB-1 preference category.
L1A Visa to Green Card: Process and Timeline
Below please find additional information on the L1a visa to green card process and timeline:
L1A Visa Extension
The initial L1A visa is granted for 1 year for the new office, and three years for an existing office. If the U.S. employer continues to seek the services of an executive or a manager of a qualifying organization abroad, then the employer may file for an extension with USCIS. To file an L1A visa extension for a current L1A visa holder, the employer should start the petition process 4 to 6 months before the status expires, given L1 visa petitions are taking USCIS 4 to 8 months to process. There is Premium Processing available for L1 petitions, where for an additional filing fee USCIS will render the decision within 15 calendar days. The qualifying U.S. employer would need to file Form I-129 Petition for a Nonimmigrant Worker and the L Supplements, together with all of the corresponding supporting documentation. Spouses of L1 visa holders are employment authorized. L1A visas may be renewed in increments of two years at a time until they have reached the maximum number of years: for an L1A employee, that is 7 years. At the end of their stay, the employee must leave the United States for one year before they can return on a new L1A visa.
L1 visas often allow for a smooth transition and path to permanent residence for the employee and their immediate family. For help with an L1A transition to a green card, please contact The Batrakova Law Office.
L1A Visa to Green Card Processing Time
Some preference categories (EB-2 and EB-3) will require that the employee and the employer undergo the PERM Labor Certification process prior to filing Form I-140, Immigrant Petition for Alien Worker and Form I-485 Application to Register Permanent Residence or Adjust Status for the L1visa holder (and their dependents) when their particular employment preference category becomes current.
The L1a visa to green card processing time is as follows:
- PERM Labor Certification process, if applicable, takes 6 to 8 months (including Prevailing Wage Determination) to be processed with the DOL.
- Form I-140 Immigrant Petition for Alien Workers takes about 8 to 12 months for USCIS to adjudicate.
- Form I-485 Application to Register Permanent Resident or Adjust Status based on employment, takes 12 to 45 months for USCIS to adjudicate.
Please keep in mind, where applicable, Form I-140 and I-485 are often filed concurrently.
L1B Visa to Green Card: Process and Timeline
Below is an outline of the L1b visa to green card process and timeline:
L1B Visa Extension
The initial approval of an L1B visa is granted up to three years. If the U.S. employer continues to seek the services of an employee with specialized knowledge of a qualifying organization abroad, then the employer may file for an extension with USCIS. To file an L1B visa extension for a current L1B visa holder, the employer should begin the petition process 4 to 6 months before the visa expiration, given it takes USCIS about 4 to 8 months to process. The qualifying U.S. employer would to file Form I-129 Petition for a Nonimmigrant Worker with the applicable L Supplement, and all the corresponding supporting documentation. Any spouse or children of the L1B visa holder would also need to file their individual extensions on Form I-539 Application to Extend/Change Nonimmigrant Status. L1B visas may be renewed in increments of up to two years at a time until they have reached the maximum number of 5 years in that status. At the end of their stay, the employee must leave the United States for one year before they can return on a new L1B visa.
L1B Visa to Green Card Processing Time
At least one year prior to the expiration of the L1B status, the employer may begin the process of sponsoring the L1B employee for permanent residence. The qualifying L1B visa holder or the U.S. employer should contact The Batrakova Law Office in order to discuss the transition to the appropriate Permanent Worker Visa Preference Category when filing for a green card. The employer would need to undergo the PERM Labor Certification process with the DOL and conduct a labor market test prior to filing Form I-140 Immigrant Petition for Alien Worker and Form I-485 Application to Register Permanent Residence or Adjust Status for the L1 visa holder (and their dependents) when their particular employment preference category becomes current.
The L1B visa to green card processing time is as follows:
PERM Labor Certification, takes 6 to 8 months (including Prevailing Wage Determination) to be processed with the DOL.
- Form I-140 Immigrant Petition for Alien Workers takes about 8 to 12 months for USCIS to adjudicate.
- Form I-485 Application to Register Permanent Resident or Adjust Status based on employment, takes 12 to 45 months for USCIS to adjudicate.
Please keep in mind, where applicable, Form I-140 and I-485 are often filed concurrently.
Let us help with your L1 Visa to Green Card transition
For any assistance with the L1 Visa to Green Card process, whether you are a U.S. employer wanting to transfer talented employees from abroad, or an L1 visa holder hoping to be sponsored for permanent residence, please contact The Batrakova Law Office for assistance.