L1 to Green Card Assistance

L1 to Green Card Assistance

L1 visa holders who want to change their status and acquire green cards have a reasonable chance of doing so by moving from the L1 visa to the green card. If you are an L1A visa holder, you are an executive or manager; if you are an L1B visa holder, you are a specialized knowledge worker; certainly, the knowledge of the process is vital to the transition.

Understanding the L1 Visa

The L1 visa permits an employer of a multinational organization to move an employee from a company situated in another country to the United States. While the L1A visa is for an organization’s executive or manager moving to the United States, the L1B visa is for an employee with specialized knowledge. These visas are very vital in enabling companies to transfer their significant employees to support business in the United States.

Pathways to a Green Card

L1 visa holders typically pursue one of the following employment-based categories for obtaining a green card:

EB-1C: Multinational Executives and Managers

The EB-1C category is reserved for transnational executives and caretakers, which is especially relevant in this scenario. It is the easiest to follow for L1A visa holders. Advantages include faster processing times and the elimination of the need for PERM Labor Certification.

EB-2: Advanced Degree Professionals and Exceptional Ability

The EB-2 category includes applicants with a Master’s degree or higher or, those exceptional abilities in their field. Both the L1A and L1B visa holders may apply for this category if they meet the provisions of the act. It usually demands a PERM Labor Certification.

EB-3: Skilled Workers, Professionals, and Other Workers

EB-3 is for professionals with job experience of at least 2 years, who have a U.S. bachelor’s degree or foreign equivalent and other workers not requiring a license. In the same manner as EB-2, EB-3 also requires PERM Labor Certification.

PERM Labor Certification Process

For the EB-2 and the EB-3 employment categories, the PERM Labor Certification is required. This process involves:

  1. Job Advertisement: The employer needs to post the job and show that the plight of no qualified members of the American workforce can be employed in the position.
  2. Filing the PERM: If the employer cannot find a qualified U.S. worker then he or she can apply for an opportunity to submit a PERM application to the Department of Labor.
  3. DOL Approval: After the PERM application has been approved, the employer is then free to file the immigrant petition.

“Thorough preparation and clear documentation are key to a successful visa application.”

Filing Form I-140

In that case, the U.S. employer applies for Form I-140 Immigrant Petition for Alien Worker to the USCIS after getting the PERM Labor Certification. This petition must include:

  1. Certification of employee’s qualification (education level, work experience etc.).
  2. That the employee’s job qualifies for any of the three categories, EB-1C, EB-2, or EB-3.
  3. Proof that the employer intends to provide the job offer and the ability to make the offered wage.

The I-140 petition confirms the employee’s opportunity to obtain an employment-based green card.

Adjustment of Status or Consular Processing

When the I-140 petition has been approved and a visa number is available, the employee has the option to either just change their status if he or she is still in the United States or proceed with consular processing if the employee is in another country.

Adjustment of Status (Form I-485)

If the employee is in the U.S. he/she can submit Form I-485, Application to Register Permanent Residence or Adjust Status. This process involves:

  1. Fingerprints, photographs, and signatures (signatures) submitted to the authority.
  2. Taking an interview with USCIS, if called for an interview.
  3. Presenting medical examination reports and any other documentation that may have been desired.

Adjustment of status enables the employee to move from a nonimmigrant status (L1) to a permanent resident status within the United States without going back to his/her home country. Once the I–140 petition has been approved and a visa number is available, the employee has a choice of either doing an adjustment of status if he/she is in the United States, or through consular processing if the employee is in his/her home country, or any other.

Consular Processing

If the employee is located in a foreign country, he or she has to go through consular processing which entails application for the immigrant visa. This process includes:

  1. Going for an interview at the consulate or the embassy.
  2. Providing Map of Tuberculosis Sentinel Sites, mapping of Evaluable Patients, Letter of Support, and IRB Approval Form.
  3. Going for an interview and if called, be issued an immigrant visa.

Consular processing is when an employee travels back to the U.S. consulate or embassy to finish the paperwork for applying for green cards. Finally, once the application has been granted, the employee is issued an immigrant visa to enable him/her to permanently live in the United States.

Have questions or need more information? Reach out to L1 Visa Services now and let our team help you navigate the L1 visa process smoothly and efficiently. Contact us to get started!

Processing Time

The waiting time to convert from an L1 visa holder into a permanent resident depends on the country of charge ability, the current inventory of cases, and the employment-based preference category. On average, the whole process can last from several months to several years. The commitment should be made early enough, and the required documents should be prepared to prevent a situation that might lead to a delay in the process.

“Starting early and staying organized can make a big difference in the green card application process.”

Key Considerations and Tips

  1. Timeliness: Begin it early enough to allow time for the work and make sure all papers are well arranged. The green card process can unfortunately take some time and it is always best to get things going as soon as possible.
  2. Documentation: Make sure all relevant papers and any papers necessary for the course are complete and precise. If there are some missing documents or if they are filled incorrectly, the application may take longer, or it will be rejected.
  3. Legal Assistance: Those interested in immigration should contact immigration consultants because the process is time-consuming and can be difficult. Proper assistance will make you aware of numerous potential problems and ensure that your application is flawless.

Final Steps to Obtaining a Green Card

After a successful adjustment for status/ consular processing has been done, the L1 visa holder and his/her qualifying dependents ( spouse and unmarried child less than 21 years of age) will be issued green cards. This allows them to reside in the U.S. permanently and this permits them to work in the country. The right to remain, work and be granted an opportunity to apply for American citizenship provided the individual resides within the United States.

How L1 Visa Services Help You

L1 Visa Services provides you with support throughout all the phases of the L1 visa application process. It starts by conducting a thorough consultation so that we are well-equipped with your situation and assess the merits of your eligibility for an L1 visa. Further, we would help prepare and gather all the documentation required, thereby making it compliant with USCIS guidelines.

Our team will then help you fill the Form I-129 and other pertinent forms that need to be submitted. We guide you throughout the entire process, keep track of the status of your petition, and respond to all requests and queries that come your way throughout the entire process. The aim is to make this L1 visa process simpler and more effective for the achievement of your career and business objectives in the U.S.

“Our comprehensive support helps you navigate the complex visa process with confidence.”

Conclusion

The transition from an L1 visa to a green card is difficult, but it is feasible with proper planning and preparation. Knowing what procedures to follow and ensuring that all standards are met will make the process go more smoothly and efficiently. With the right assistance and counsel, L1 visa holders can easily convert to permanent residency in the United States, providing new opportunities for themselves and their families.

Ready to take the next step in your career journey with an L1 visa? Let L1 Visa Services guide you through the process. Contact us today for a consultation and start your application with confidence!
FAQs

Frequently Asked Questions

The processing time varies depending on several factors, including the applicant's country of origin, the current backlog of applications, and the specific employment-based category. Generally, the entire process can take anywhere from a few months to several years.
It depends on the green card category. For the EB-1C category (multinational executives and managers), a PERM Labor Certification is not required. However, for the EB-2 and EB-3 categories, it is mandatory.
Yes, L1B visa holders can apply for a green card, typically under the EB-2 or EB-3 employment-based categories, provided they meet the specific requirements.
Yes, your spouse and unmarried children under 21 can be included in your green card application and can receive green cards as your dependents.
If your green card application is denied, you may have the option to appeal the decision or reapply. It is important to understand the reason for the denial and address any issues before reapplying.
Yes, but you will need to obtain advance parole, which allows you to re-enter the U.S. while your application is pending. Without advance parole, your application may be considered abandoned if you leave the U.S.
Yes, it is possible to switch to another visa type, such as an H-1B visa, while your green card application is pending. However, you must meet the eligibility criteria for the new visa type.
As a green card holder, you will have the right to live and work permanently in the U.S., travel freely, and apply for U.S. citizenship after meeting certain residency requirements. It also offers more job flexibility compared to an L1 visa.
Yes, it is important to maintain your L1 visa status until your green card is approved to ensure that you remain in legal status in the U.S.
L1 Visa Services can assist you with every step of the green card application process, from determining your eligibility to gathering and preparing documents, filing forms, and providing continuous support throughout the process. Their goal is to make the process as smooth and efficient as possible.