L-1B to Green Card Process

An L-1B visa is a non-immigrant and temporary visa made explicitly for employees who have specialized knowledge within their company. Specialized knowledge includes any expertise regarding a product, service, research, equipment, technical aspects, foreign affairs, or something particular to the employing company.

The intent is for the employee’s professional, specified skills to transfer from one organization’s foreign office to an affiliated office in the U.S. An L-1B visa can be petitioned for if your specialized skills can be used to assist in establishing a U.S. branch of the foreign office.

The U.S. employer petitions for all L visas, requesting permission from United States Citizenship and Immigration Services (USCIS) for you, a qualified employee, to work at the company’s United States branch.

One of the most pertinent features of L-1 visas is their dual intent. Most temporary visas, or non-immigrant visas, require holders to prove they’re only here temporarily and not to become permanent residents. L-1 visas, however, allow for dual intent, meaning you can apply for a Green Card even though you are in the United States on a temporary visa.

An EB-2 Green Card is an employment-based immigration visa for second-preference professionals. There are three subcategories of an EB-2 visa:

1. Advanced Degree
2. Exceptional Ability
3. National Interest Waiver (NIW)

To meet the Advanced Degree subcategory requirements, you must have:

• At least a bachelor’s degree or foreign equivalent
• At least five years in the work field in the field of your degree
• Meet the requirements on your labor certificate

To be considered for an Exceptional Ability employment-based visa, you need to:

• Show evidence of your ability in your field of either science, art, or business
• Prove your expertise is extraordinary when compared to others in your field
• Just as in the advanced degree, you must meet the requirements on your labor certificate
• You must meet at least three of the ten USCIS criteria for an exceptional ability, which may include:

• Accredited awards (from a university or learning institution) that show your expertise
• An active, practicing license
• Ten years of full-time experience
• Industry recognition
• Your participation in professional societies and groups

Your immigration attorney can assist in gathering the correct and appropriate evidence to submit with your petition.

EB-2 National Interest Waiver (NIW)

The third and final subcategory of the second preference employment-based visa is the National Interest Waiver.

To qualify for an NIW, you must first prove you are qualified for either the EB-2 advanced degree or EB-2 exceptional ability. As an employee with specialized knowledge (L-1B), you can qualify for either, depending on your specialized abilities.

The next step is to prove to USCIS that your work is necessary to the United States; your expertise needs to benefit a sector of United States society. If this is the case, you can apply to waive PERM labor certification.

You also have to present evidence that you not only qualify for one of the previously mentioned EB-2 visas but also that:

• Your work as a specialized employee is important for the United States
• You can proceed with the plans you have for the U.S.
• The U.S. will benefit by waiving your labor certificate and any need for a job offer.

If you qualify for an NIW, you can self-petition, meaning your U.S. employer does not need to file for you.

The L-1B to Green Card timeline for an EB-2 NIW takes less time than transitioning to the other two EB-2 Green Cards. This is because NIW expedites the visa, surpassing the time it takes for a PERM labor certificate to get approved. This may not always be the case, but the NIW has the potential to be faster.

The third preference employment-based Green Card is entitled EB-3. This visa has three sub-categories that you may be able to qualify for as an L-1B holder:

1. Skilled Workers
2. Professionals
3. Unskilled (Other) Workers

Skilled Workers must be in a job that requires at least two years of training and/or experience. Your employment must be under the condition that qualified workers in the U.S. are unavailable for the job.

Professionals applying for an EB-3 visa must have a U.S. bachelor’s degree (or foreign equivalent). Your job must also require a bachelor’s degree for an entry-level position.

Unskilled/Other Workers must be able to perform work in their field, though two years of experience for the position is not required. Their job offer is also not allowed to be seasonal or temporary.

All three subcategories require:

• A PERM labor certificate
• Full-time job offers

It is typical for L-1B to Green Card applicants to apply for an EB-3 visa because of their specialized positions.

As an L-1B visa holder, you will likely apply for an EB-2 or EB-3 visa. Other Green Card options may not follow L-1B requirements, so you may not qualify for the following. However, they are Green Cards that you should consider speaking with your immigration attorney about. The additional L-1B to Green Card options include:

• EB-1 Green Card for those with extraordinary ability, outstanding researcher, or multinational executive or manager
• EB-4 for special immigrants
• EB-5, Immigrant Investor Program

If you have not yet received your L-1B visa, you must start by having your U.S. employer petition on your behalf. They will file Form I-129, Petition for a Nonimmigrant Worker. Once you have your L-1B, you can stay in the United States for one year and request extensions of stay. The L-1 visa processing time for extensions of stay happens every two years. When you are ready to transition from an L-1B to a Green Card, you will then move to the next step.

PERM labor certification is needed to show that your employer is hiring you on the basis that no qualified U.S. employee can fill the position. PERM certification also proves that your employer will pay you the appropriate wage for your position in your area/region.

Your employer must apply for PERM labor certification using the ETA Form 9089 application through the U.S. Department of Labor. Once you receive your labor certification, you can file for the actual Green Card.

Your U.S. employer must petition for you to work for them. If you are filing for an EB-2 NIW, you can petition for yourself. In addition, you do not need a PERM certificate to apply for the NIW. All other employment-based immigrant Green Cards require the employer to file for PERM and Form I-140.

Your employer must show they can pay you the wage they offered you as of the priority date. They can show evidence through tax returns and annual reports.

When your Form I-140 is approved, your family members (spouse and unmarried children under 21 years old) may also apply for immigrant status.

You can file your Form I-485 once your Form I-140’s priority date is met. You will be able to adjust your status officially to LPR and be able to live permanently in the United States.