L-1 visa: Your Business Opportunities in the USA

The L1A visa and the EB1C visa have many similarities in terms of their requirements.

The L1 visa is a non-immigrant visa, while the EB1C visa is an immigrant category that leads to a Green Card.

One of the great benefits of the Green Card through the EB1C category is that there is no requirement for PERM Labor Certification.

However, as obtaining an EB1C visa results in a much greater benefit (permanent residence in the US), there is a higher standard of review than for an L1 visa. Although many of the requirements are similar between L1 and EB1C, this does not mean that someone will automatically be approved for an EB1C visa just because their L1 petition has been approved.

If you're wondering whether it's possible to convert your L1 visa into an EB1C visa, the answer is yes. For a much more detailed explanation and correct support, please contact the Altius team.

As an executive or manager of a multinational company, you usually want to apply for an employment-based Green Card in the EB1C category. As mentioned above, the criteria for this category of Green Card are similar to those for the L-1A requirements.

To be eligible for an EB1C visa you must:

• Have worked in a managerial or executive position in a company or organization outside the United States for at least one year during the three years preceding the petition.
• Have entered the U.S. to continue working with that company or organization, or with an affiliate or subsidiary, in a managerial or executive capacity.
• Your US employer must have been in business for at least one year, as an affiliate, subsidiary, or as the same company or organization that employed you abroad.
• There must continue to be a qualified relationship between the US and foreign companies or organizations, i.e. there must be common ownership and control.

L-1 visa holders can apply for legal permanent residence (Green Card) without going through the lengthy labor certification process, potentially speeding up their journey to becoming permanent residents in the US.

Fast-tracking to the Green Card for L-1 visa holders is possible through the L-1A visa category, which is designed specifically for executives and managers of multinationals. These individuals can qualify for a Green Card by demonstrating their ability to contribute to the US economy and create job opportunities for American workers.

By bypassing the PERM labor certification process, which usually involves proving that there are no qualified American workers available for a specific job, L-1 visa holders can save valuable time and resources in their journey to obtain permanent residency in the United States. This simplified process allows them to focus on their professional endeavors and contribute to the growth and development of their respective companies in the country.

Some of the most recommended employment-based (EB) visas for L-1B visa holders are EB-2 or EB-3 Green Cards. The EB-1, although not impossible to obtain, is very difficult for an L-1B visa holder to qualify for.

Regardless of whether you opt for the EB-2 or EB-3 visa, the first step is to ask your employer in the US to sponsor your Green Card petition. The process of transitioning from an L-1B visa to a Green Card is very similar to the L-1A process, except that in this case the US employer must first obtain a PERM Labor Certification.

The only exception to this rule is if you are applying for the EB-2 NIW visa.

Altius works with all these visas and can help with your transition.

The L-1A visa is intended for multinational managers and executives transferred from a foreign company to a company in the United States. When a foreign company wishes to open a new branch, subsidiary or affiliate in the US, and intends to transfer a manager or executive to establish and manage this new operation, it can use subcategory L-1A for this purpose.

The L-1A visa for a new office is often associated with specific requirements, including demonstrating an employer-employee relationship with the foreign company, submitting a detailed business plan for the new company in the US and ensuring that the manager or executive has the necessary experience to establish and run the new office.

Transfers within the company via the L-1 visa also offer numerous benefits for multinational companies. By transferring key personnel, companies can ensure continuity of operations and maintain a competitive edge in the global market. The visa allows companies to take advantage of their employees' knowledge and experience by strategically placing them in different branches or subsidiaries across borders.

This facilitates the transfer of specialized knowledge, best practices, and innovative ideas, ultimately leading to improved skills and the development of a more diverse and adaptable workforce. In addition, intra-company transfers help preserve the organization's corporate culture, ensuring that the company's values, goals, and strategies remain consistent across all locations.

Immediate family members, including spouses and unmarried children under the age of 21, can accompany L-1 visa holders to the United States on L-2 dependent visas, allowing them to study, work, or simply enjoy the American way of life.