The L-1 Visa Category is a Dual Intent Visa
The L-1 visa is a ‘dual intent’ visa. This means that although the primary reason for an L-1 visa holder to be in the U.S. is to work for the U.S. branch of a foreign company, he or she may also apply for a Green Card and become a permanent U.S. resident. This is considered a dual intent because it is possible for the L-1 visa holder to be both an employee visitor to the U.S. but also consider immigrating to be a permanent U.S. resident without jeopardizing his or her L-1 visa status or their visa application from a U.S. consular office abroad. For an individual who wishes to immigrate, this is a very advantageous position because visa numbers are almost always current if the L-1 visa holder applies for the Green Card through EB-1C category. Generally, an L-1 visa holder will not have to wait for visa numbers to become available before applying for an Adjustment of Status and receiving a Green Card.
I have a valid L-1 visa. How can I become a Legal Permanent Resident?
Executives and managers who hold an L-1A non-immigrant visa and are interested in becoming lawful permanent residents can achieve this goal with the EB-1C petition. The EB-1C petition is an immigrant category, and is in the “First Preference category” of immigrant visas as classified by the USCIS. This is the reason that the immigrant visa numbers are immediately available under the EB-1 category.
To obtain an EB-1 status, the beneficiary may apply for Adjustment of Status, if they are already in the United States, or through consular processing at a U.S. consular office abroad.
Am I Eligible for the EB-1C visa?
There are two different methods for obtaining an EB-1C visa. If you are already in the country, you can file for an adjustment of status (AOS). If you are outside of the U.S., you may apply through consular processing. The following petition papers must be collected and sent to the USCIS by the petitioning employer:
- petition for noncitizen employee
- supporting letter of employment from the U.S. employer, verifying that the noncitizen will be employed by them in the United States in the necessary capacity.
- Other documentary evidence required for the petition, such as business documents and financial documents to establish the ability of the company or organization to remain business.
How do I apply for the EB-1C visa?
Upon approval of the petition, you can file for AOS or goes through consular processing to obtain your EB-1C visa.
If the AOS is approved, you will be granted permanent resident status and will be sent a permanent resident card in the mail. If you went through the immigrant visa process in a foreign country, you will have to enter the United States and receive an endorsed immigrant visa attached to your passport at the port of entry to serve as evidence of status until you receive their permanent resident card in the mail.