Transition From L1A Visa To The Green Card

A L1 visa is essential for foreign professionals moving from overseas offices to United States offices. With this visa, the companies can relocate their staff members to the United States, giving their US operations access to invaluable skills and knowledge. You have an L1 visa and wish to move to the United States permanently.  If so, this article offers a thorough walkthrough of the procedures needed to convert an L1A visa to a green card. In this article, we will cover every aspect, including the application procedure to fulfill the requirements and make sure you know what it takes to obtain permanent residence.  

Recognizing L1 Visa Types and Their Routes to Green Card Status

L1A Visa Route and Green Card

Visa Defined

The executives or managers who work abroad are eligible to get the L1A visa. 

Green Card Procedure

L1A holders can get the green card in a very simple way. Under the EB1C employment-based immigration category, the employer must file an I-140 petition.

Conditions

For the EB1C category, the petitioning employer and the applicant must both fulfill requirements established by USCIS.

How to Make a Transition:

Employer-sponsored initiatives

Under the EB1C category, the US employer is required to submit an I-140 immigrant petition.

Lack of labor certification

The EB1C category does not require a labor certification (PERM), simplifying and expediting the process.

Adjustment of Status

If the priority date is current, the applicant can file for Adjustment of Status (Form I-485) to become a permanent resident.

Make the transition from an L1B Visa to a Green Card:

Green Card Procedure

In contrast to the L1A, holders of an L1B visa are required to go through the PERM labor certification process. Before applying for a green card through the EB2 or EB3 categories, this procedure is required.

The PERM Procedure

The U.S. Department of Labor is involved in the PERM process, which makes sure that no qualified U.S. workers are available for the position meant for foreign employees.

How to Make a Transition:

Certification of Labor (PERM)

The Department of Labor must first issue a labor certification to the employer. To make sure there are no qualified American workers available for the position, a stringent process is involved.

Making a Petition for I-140

Depending on the requirements and qualifications of the position, the employer may file an I-140 petition under the EB2 or EB3 category after the labor certification is approved.

Modification of Status

Form I-485 may be filled out by the L1B visa holder to change their status to permanent resident after the I-140 is approved. 

Employer's Part in the Green Card Application Process

It is employee-driven for L1A and L1B visa green card holders. Green cards must be started and sponsored by your employer for your application. There are two steps in the process, including submitting Form I-140 to US Citizenship and Immigration Services (USCIS) and filing a labor certification application with the Department of Labor (for certain employment-based green card categories).  It is essential to know that L1 visa holders are not allowed to petition for themselves. So, for permanent residency in the country, your employee plays a crucial part in your quest. The successful submission of your green card totally depends upon your employer’s active participation and adherence to immigration regulations. 

Responsibilities of the Employers

For the green card, employers play a crucial role in the L1A and L1B visa holders' application processes. 

Employment Offer  

For a permanent position within the organization, the employer must present a legitimate job offer. This job offer is crucial because it establishes the foundation of the green card application and shows how the foreign employee's skills will be needed in the long run. The employer must present a legitimate job offer for a permanent position within the organization. 

Making Petitions

Form I-140 and the Immigrant Petition are among the immigration petitions that employers must file. Additionally, the employer needs to get a labor certification (PERM) from the Department of Labor for those with L1B visas. 

Compliance

Employers should abide by or follow all the immigration laws and regulations in the United States while going through the green card application process. This entails giving precise information, meeting deadlines, and keeping up-to-date records. Compliance helps reduce rejections or delays and guarantees a seamless application process. 

Particular Points to Remember

Holders of L1A Visas:

Owners of Companies Entrepreneurs on an L1A visa might face particular difficulties when applying for a green card. The U.S. business must demonstrate that it is a foreign company's affiliate, parent, subsidiary, or branch. This relationship needs to be documented to meet the immigration requirements and demonstrate the two entities' legal connection. Quick Process Holders of L1A visas frequently take advantage of the EB1C category for multinational executives and managers, which offers an accelerated route to permanent residency.

Holders of L1B Visas:

Certification of Labor Holders of L1B visas typically apply for green cards via the EB2 or EB3 routes, which require a labor certification that is approved (PERM). To obtain this certification, it must be shown that there are no qualified American candidates for the job and that hiring a foreign candidate won't hurt American workers' pay and working conditions. This is a critical step in demonstrating the need for a foreign worker. Prolonged Procedure The labor certification procedure can be drawn out and necessitates thorough documentation as well as evidence of substantial recruitment efforts. Employers must demonstrate that, despite doing a comprehensive search for eligible Americans, they could not fill the post. 

Final Thoughts

So, if you wish to become a permanent resident of the United States, then obtaining a green card is crucial. To ensure a successful application, you must go through the specific procedures of your visa category and closely collaborate with your employer. So, following these guidelines, L1A visa holders can easily get a green card. For more information, remain in touch with the team at US Area Immigration Services!