L1 Visa Holders – A path to Permanent Residency

The L1 visa is a dual intent visa, which means that visa holders are not precluded from seeking residency in the United States. Hence, holders of L1 visas and their dependents may apply for permanent residency in the United States without putting their current visas in jeopardy. One recommended way for L1 visa holders to go about seeking residency is by applying through the EB-1 category. This is an employment-based first preference visa which applies to those who are highly capable in sports, the arts and sciences, and education. The annual allotment of EB-1 visas is currently at 40,000.

One of the best reasons to seek residency through the EB-1 program is that the petitioner does not have to complete a labor certification. All L1 applicants are petitioned for by their employers. A labor certification seeks to confirm whether or not a U.S. applicant can fill the job position that the petitioning employer seeks to have filled by the visa applicant. This process can be costly and time consuming. With lot of capacity in the EB-1 program, it is usually a faster, cheaper, and more secure route to residency.

L1A visa holders may wish to apply through the EB-1C program as the two programs have very similar requirements including:

  1. Company must be registered in U.S. for one year or more.
  2. Company must have business dealings in the U.S. and another country in a regular, continuous, and systematic delivery of goods or services.
  3. Applicant must work in a managerial capacity in the U.S.
  4. The applicant has been employed for one year in the last three years with the overseas parent, subsidiary, branch, or affiliate in the role of executive, manager, or supervisor.

L1B visa holders are workers with specialized knowledge. Hence they must seek an approved labor certification and apply for a Green Card as a skilled worker. A way around this is to apply under NIW categories, or under EB-1(a) or EB-1(b) as these categories do not require a labor certification.

If you are a seeking to apply for permanent residency via the L-1 visa category, the Lyttle Law Firm can help. Our firm has successfully handled all types of cases requiring employment-based visas, helping large corporations as well as small businesses and their workers from all over the world. At Lyttle Law Firm, we use our experience to strategize the best solution to your immigration concern to provide you with all your legal options. For a confidential consultation in-person or over the phone, call (512) 215-5225 or contact us online.