Key Takeaways:
- Learn about the L1A visa, which is designed for international managers and executives transferring to the US.
- Follow a well-defined process to transition from an L1A visa to a green card through EB-1C eligibility and Form I-140.
- Important considerations include priority dates, processing times, and maintaining L1A status during the application process.
If you’re an international manager or executive who has been working in the United States with an L1A visa, you might be considering permanently relocating by acquiring a green card. Transitioning from an L1A visa to a green card is a significant step towards long-term residency in the US, and the process can be both exciting and daunting. Here’s an expert guide to help you understand the conversion process.
Understanding the L1A Visa
Firstly, it’s important to know what an L1A visa is. This visa category is designed for intracompany transferees who are entering the United States to manage an organization or a major function or division of an organization. Holding an L1A visa suggests that you have already been employed by the company outside of the US for at least one continuous year within the previous three years.
The Path from L1A Visa to Green Card
“Transforming your L1A visa into a green card involves a well-defined process, but you must ensure all steps are meticulously followed,” says an expert in immigration law. Let’s look at those steps in detail.
Step 1: EB-1C Green Card Eligibility
Convert your L1A status to a green card through the EB-1C (Employment-Based first preference) immigration visa. This category is for multinational managers or executives who meet certain criteria that you likely already fulfill as an L1A visa holder.
Step 2: Permanent Job Offer
A permanent job offer is required. The US employer must demonstrate that a bona fide job offer exists by providing a full-time position to you. Make sure that the position offered aligns with the managerial or executive capacity required by the EB-1C category.
Step 3: Filing the Petition
The employer must file Form I-140, Immigrant Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS). This form is used to verify the qualifications of the applicant and the legitimacy of the job offer.
Step 4: Adjustment of Status or Consular Processing
Once the I-140 petition is approved, you can adjust your status to a lawful permanent resident by filing Form I-485 if you are within the US, or you can proceed with consular processing if you are abroad.
Important Considerations
- Priority Dates and Visa Bulletin: Be aware of the visa bulletin as it shows the availability of immigrant visa numbers. Your priority date, the date when your I-140 is filed, must be current for you to apply for the green card.
- Form I-485 Processing Time: The I-485 can take several months to process, so plan accordingly.
- Maintain Legal L1A Status: It’s crucial to maintain your L1A status throughout the green card application process until you receive your green card.
It’s advisable to consult with an immigration attorney who can guide you through the nuances of this process. Also, always refer to the USCIS website for the most updated forms and filing requirements.
Transitioning from an L1A visa to a green card via L1A visa conversion is an extensive process that requires attention to detail and patience. The reward, however, is the ability to live and work permanently in the United States. It is important that you stay informed, organized, and aware of the timelines involved in your green card application. Consider the option of legal counsel to navigate any complexities that may arise. After all, your journey from an L1A visa holder to a green card resident signifies a new chapter in your professional and personal life in the United States.
Still Got Questions? Read Below to Know More
“My L1A visa will expire in six months, but I want to start applying for a green card. Should I renew my L1A first, or can I go ahead with the green card application?
It’s advisable to consider renewing your L1A visa first to ensure you maintain lawful status while your green card application is being processed. The L1A visa, meant for intracompany transferees in managerial or executive positions, can be renewed and allows you more time in the United States if your green card application faces any unexpected delays.
When thinking about applying for a green card, as an L1A visa holder, you would typically be looking at the EB-1C category for multinational managers or executives. This visa category has an advantage because it does not require a labor certification. You can initiate your green card application process while your L1A visa is valid. Here are the steps you generally need to follow for the EB-1C green card process:
- File Form I-140: Your employer must file an Immigrant Petition for Alien Workers (Form I-140). More information and the form can be found at the USCIS I-140 page.
- Adjustment of Status or Consular Processing: Once the Form I-140 is approved, if you are in the U.S., you may file for an Adjustment of Status (Form I-485) to change from L1A to lawful permanent resident status. If outside the U.S., you would go through consular processing. Check the steps at the USCIS Adjustment of Status page.
Renewing your L1A visa can provide a safety net, allowing you to stay in the U.S. lawfully while your green card application is pending, as this can sometimes be a lengthy process. To stay updated and ensure accurate steps for both processes (L1A renewal and green card application), it’s always best to consult the USCIS website or a legal expert specializing in immigration.
“I’m on an L1A visa and got a job offer from a different US company. Can I still apply for a green card through the new job, or does it only work with my current employer?
Yes, you can apply for a green card through a job offer from a different U.S. company, even if you are currently on an L1A visa sponsored by another employer. The process you’ll follow is called employment-based immigration, typically under the EB-2 or EB-3 categories, depending on your qualifications and the nature of the job offer. Here’s what you need to know:
- New Employer’s Petition: Your new employer must file a Form I-140, Immigrant Petition for Alien Worker, on your behalf. Unlike the L1A visa, which is tied to a specific employer, a green card ultimately allows you to work legally for any employer in the U.S. The I-140 petition is the central document in the employment-based green card process.
PERM Labor Certification: In most cases, before filing the I-140, your new employer will need to obtain a PERM Labor Certification. This proves that there are no qualified U.S. workers available for the position you are offered, and hiring you will not negatively affect the wages and working conditions of American workers. However, there are certain cases where this requirement may be waived, such as for individuals of extraordinary ability or those whose employment is in the national interest.
Adjustment of Status or Consular Processing: Once the I-140 petition is approved, you will either adjust your status to a lawful permanent resident using Form I-485 if you are already in the U.S., or go through consular processing if you are outside the United States. Be aware that there may be waiting periods before a visa number becomes available for your employment-based category, especially for EB-2 and EB-3 from countries with high demand.
It’s important to monitor the Department of State’s Visa Bulletin for updates on visa availability: Visa Bulletin
And for more information on the employment-based immigration process, visit U.S. Citizenship and Immigration Services (USCIS): Green Card Through a Job
Remember, immigration processes are complex, and changing employers while on an L1A visa can have implications for your status. It’s often wise to consult with an immigration attorney to navigate this transition smoothly.
“I’ve been working in the US on an L1A visa and want to settle here. Can my spouse also get a green card at the same time as me, or do they have to wait?
Absolutely, your spouse can also apply for a green card if you are transitioning from an L1A visa—a type of visa designed for intra-company transferees who are in managerial or executive positions. When you apply for your green card through the employment-based first preference (EB-1C) category, which is often the next step for L1A visa holders, your spouse and unmarried children under the age of 21 can apply for their green cards as your dependents.
To proceed, you would typically start the process by having your employer file an I-140 petition for Alien Worker on your behalf. After the I-140 is approved, you and your family members can apply for adjustment of status to permanent resident status through form I-485, Application to Register Permanent Residence or Adjust Status, if you are all in the United States. If you’re outside the U.S., you would instead go through consular processing.
Here is a helpful link to the official U.S. Citizenship and Immigration Services (USCIS) site where you can find more information:
- USCIS I-140, Immigrant Petition for Alien Worker: uscis.gov/i-140
Your spouse’s application can be filed concurrently with yours so that they can attain their green card simultaneously rather than having to wait. Once you both have green cards, your spouse will have the same ability to live and work permanently in the U.S. as you do.
“I’ve been managing a division under an L1A visa for two years now, but my company might close down soon. How does this affect my chances of getting a green card?
If you’ve been in the United States on an L1A visa managing a division, you may have considered transitioning to permanent residency (a green card) through the EB-1C category, which is intended for multinational managers or executives. If your company is facing closure, here’s how it could affect your green card chances:
- Current Employer Requirement: The EB-1C green card requires that you must have been employed outside the United States for at least one year in the three years preceding the petition by the same employer, an affiliate, or a subsidiary. If your L1A visa is based on managing a division of the company that may close, you should ensure that the company or its affiliate is still operating at the time of your application. Without a qualifying employer to sponsor you, obtaining an EB-1C green card could become challenging.
Continued Operations: It is crucial that not only the entity that employed you abroad must continue to exist at the time of your green card application, but also the U.S. entity must remain operational. “The petitioning U.S. employer must have been doing business for at least 1 year, as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed you abroad,” according to U.S. Citizenship and Immigration Services. If the U.S. division you manage closes, this requirement will not be met.
Future Employment Requirement: You must be coming to the U.S. to continue working for that company or organization in a managerial or executive capacity. If the company is shutting down, you need to demonstrate that there will be a qualifying entity in need of your managerial or executive skills.
If your company is indeed closing, it is advisable to consult with an immigration attorney who can help you explore alternative pathways to a green card or other visa options, such as seeking a new L1A sponsor, transitioning to another non-immigrant visa, or exploring other categories of employment-based immigration. The American Immigration Lawyers Association (AILA) can be a good resource to find a qualified attorney: AILA’s Immigration Lawyer Search. Remember, it’s important to act swiftly to understand your options before your current L1A status is impacted by the closure of the company.
“I’ve just started the green card process with my L1A visa but need to travel abroad soon for work. Will leaving the US cause any problems with my application or status?
Traveling abroad while you’re in the middle of the green card process on an L1A visa generally shouldn’t cause problems if you follow the correct procedures. However, it’s important to consider a few key points:
- Advance Parole: If you have already started the Adjustment of Status process by filing Form I-485, you may need to apply for Advance Parole using Form I-131 before you leave the country. Advance Parole is a document that allows you to return to the U.S. without jeopardizing your pending green card application. Without this document, departure from the U.S. could be considered an abandonment of your application.
“If you depart the United States before the Advance Parole Document is issued, your application for an Advance Parole Document will be considered abandoned.” – U.S. Citizenship and Immigration Services
For more information, visit the USCIS page on Advance Parole: USCIS – International Travel as a Permanent Resident.
Valid L1A Visa: If you haven’t filed for Adjustment of Status yet, ensure that your L1A visa is still valid for reentry into the U.S. If your visa has expired or will expire while you are out of the country, you’ll need to apply for a new one at a U.S. Embassy or Consulate before you can return.
Maintain Ties to the U.S.: It’s important to maintain your ties to the U.S. during your temporary absence. This includes retaining your U.S. residence and employment. Extended periods outside the U.S. can raise questions about your intent to permanently reside in the country.
Remember to always check the latest information and consult with an immigration attorney for personalized advice. Moreover, consult the U.S. Department of State and USCIS websites for the most current travel information and guidelines.
Learn Today:
Glossary
L1A visa: A nonimmigrant visa category in the United States designed for intracompany transferees who are entering the country to manage an organization or a major function or division of an organization. Holders of an L1A visa must have been employed by the company outside of the U.S. for at least one continuous year within the previous three years.
Green card: A common term for a United States Permanent Resident Card, which provides lawful permanent residency status to an individual in the U.S. A green card holder is allowed to live and work permanently in the United States.
EB-1C: Employment-Based first preference immigration visa category for multinational managers or executives who meet specific criteria and are seeking to become lawful permanent residents in the U.S. This category is commonly used to convert an L1A visa to a green card.
Petition: A formal request or application submitted to the U.S. Citizenship and Immigration Services (USCIS) by an employer on behalf of a foreign worker seeking an immigration benefit, such as a green card. In the context of the L1A visa to green card conversion, the employer files a petition (Form I-140) to show the eligibility and qualifications of the applicant.
Adjustment of Status: The process of changing an individual’s nonimmigrant visa status to lawful permanent resident status from within the United States. It involves filing Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS.
Consular Processing: The process of applying for an immigrant visa (green card) at a U.S. consulate or embassy outside of the United States. It typically involves an interview and verification of documents.
Priority Date: The date when the immigrant petition (Form I-140) is filed with USCIS. The priority date is used to determine an individual’s place in the visa queue, as immigrant visas are limited based on annual numerical quotas.
Visa Bulletin: A monthly publication by the U.S. Department of State that provides information on the availability of immigrant visa numbers, determining who can apply for a green card based on the priority date.
Form I-485: Application to Register Permanent Residence or Adjust Status. It is used to adjust status to lawful permanent resident from within the U.S., after the approval of the immigrant petition.
Immigration attorney: A lawyer specializing in immigration law who can provide legal advice and guidance on immigration matters, including the L1A visa to green card conversion process.
USCIS: U.S. Citizenship and Immigration Services, a component of the Department of Homeland Security responsible for the administration of immigration benefits and services in the United States. Their website provides official information and resources related to immigration processes and requirements.
Now that you’re armed with the knowledge of converting your L1A visa to a green card, take the first step towards your long-term residency in the US! Remember, the process may seem overwhelming, but with the right guidance, it becomes much easier. For in-depth information and expert advice, visit visaverge.com. Good luck on your journey to becoming a green card holder!
This Article in a Nutshell:
Transitioning from an L1A visa to a green card is a big step for international managers and executives in the US. The process involves converting your visa, meeting eligibility criteria, filing a petition, and adjusting your status. It’s important to stay informed and consult an immigration attorney for guidance.
