Transitioning L-1 Visa to Green Card

The L-1 visa is a type of temporary nonimmigrant visa which allows a foreign worker to transfer to their employer’s office in the United States, or the employer’s parent branch, subsidiary, or affiliate. In one of our previous entries, we discussed some of the conditions which must be met in order to be eligible for an L-1 visa and the process of applying for this type of visa. In this entry, we will briefly discuss the process of transitioning from an L-Visa to a green card.

What Kind of L-Visa Do You Have?

L-1 visas are split into two different categories:

  • L-1A visas are available to individuals who are in an executive or managerial position within the company and have been working for the qualifying organization abroad for one continuous year within the three years immediately preceding their admission into the U.S.;
  • L-1B visas are available to individuals who have specialized knowledge of the company’s products, services, techniques, research, or an advanced level of knowledge or expertise in the organization’s processes and procedures.

Why the Type of L-1 Visa You Have Matters

If you have an L-1A, the transition to a green card is a lot easier because you may be eligible to transition your L-1A visa into an EB-1 work visa. The big advantage of acquiring an EB-1 visa is that the sponsoring employer can avoid the process of labor certification.

If you have an L-1B visa, the transition to a green card requires the sponsoring employer to go through the process of PERM labor certification. This means that the sponsoring employer must ensure that there are no qualified U.S. workers who are available to fill your position by going through a recruitment process. PERM labor certification can be rigorous and it is important to speak with an immigration attorney before taking on this task.

Consider setting up a consultation with an immigration lawyer at Gilles Law, PLLC. You can reach us at 980-272-8438 at our office in Uptown Charlotte. We are here to assist with your inquiries.

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