Employment-based immigrationL-1 Visa to Green Card: How Multinational Employees Can Get Permanent Residency

For multinational employees seeking a pathway to permanent residency in the United States, the transition from an L-1 visa to an EB-1C green card offers a streamlined and efficient option. Designed for executives and managers transferred within multinational companies, this process leverages existing employment relationships to secure lawful permanent residency. As of March 11, 2025, the EB-1C category remains a popular choice due to its exemption from the labor certification process and relatively fast processing times. This article explores the eligibility criteria, procedural steps, benefits, and challenges of this immigration pathway, providing a comprehensive guide for multinational employees and their employers.

 

Understanding the L-1 Visa

 

The L-1 visa is a nonimmigrant work visa that allows multinational companies to transfer employees from their foreign offices to affiliated U.S. entities. It is divided into two subcategories:

1. L-1A Visa: For executives and managers who oversee operations, direct teams, or make high-level decisions within the organization.
2. L-1B Visa: For employees with specialized knowledge of the company’s products, services, or processes.

The L-1A visa is particularly relevant for the EB-1C green card transition, as its requirements align closely with the EB-1C category’s focus on managerial and executive roles. Issued initially for up to three years (or one year for new office petitions), the L-1A visa can be extended in two-year increments, with a maximum stay of seven years. This temporary status serves as a stepping stone for employees aiming for permanent residency.

As of fiscal year 2024, the U.S. Citizenship and Immigration Services (USCIS) processed thousands of L-1 petitions, with approval rates averaging around 80% for L-1A cases, according to historical data trends. The L-1 visa’s dual-intent nature—allowing holders to pursue permanent residency without jeopardizing their nonimmigrant status—makes it an ideal precursor to the EB-1C green card.

 

The EB-1C Green Card: An Overview

 

The EB-1C green card falls under the Employment-Based First Preference (EB-1) category, reserved for priority workers. It targets multinational executives and managers who have worked abroad for a qualifying entity and are being transferred to a U.S. affiliate, subsidiary, parent, or branch in a similar capacity. Unlike other employment-based green cards, such as EB-2 or EB-3, the EB-1C does not require a PERM Labor Certification from the U.S. Department of Labor, which typically adds 12–18 months to the process.

In fiscal year 2024, ending September 30, 2024, the U.S. State Department issued all available EB-1 visas—approximately 40,000—demonstrating high demand and availability for this category. The EB-1C constitutes a significant portion of these visas, reflecting its appeal to multinational corporations and their employees.

 

Eligibility Requirements for the L-1A to EB-1C Transition

 

To qualify for an EB-1C green card, both the employee (beneficiary) and the U.S. employer (petitioner) must meet specific criteria:

Employee Requirements

• Prior Employment Abroad: The employee must have worked for a foreign entity (parent, subsidiary, affiliate, or branch of the U.S. employer) for at least one continuous year within the three years preceding the EB-1C petition filing or their entry into the U.S. on an L-1A visa. For example, an executive employed abroad from January 2022 to January 2023 who entered the U.S. in March 2023 would meet this requirement as of March 2025.
• Managerial or Executive Role: The employee’s role abroad and in the U.S. must be managerial (overseeing personnel or critical functions) or executive (directing major company operations). Unlike the L-1A, which permits prior specialized knowledge roles, the EB-1C strictly requires managerial or executive experience abroad.
• Intent to Continue Service: The employee must intend to work full-time in a managerial or executive capacity for the U.S. entity.

Employer Requirements

• Qualifying Relationship: The U.S. and foreign entities must share a parent-subsidiary, affiliate, or branch relationship. For instance, if a U.K.-based parent company owns 100% of a U.S. subsidiary, this qualifies.
• Business Operations: The U.S. employer must have been conducting business (providing goods or services) for at least one year. A startup established in January 2024 would be eligible to petition by January 2025.
• Ability to Pay: The employer must demonstrate the financial capacity to pay the employee’s salary, typically evidenced by annual reports, tax returns, or audited financial statements.

These requirements mirror those of the L-1A visa but are scrutinized more rigorously for the EB-1C due to its permanent residency implications.

 

The Transition Process: Step-by-Step

 

Transitioning from an L-1A visa to an EB-1C green card involves several key steps:

1. Employer Files Form I-140: The U.S. employer submits Form I-140, Immigrant Petition for Alien Worker, to USCIS, classifying the employee as an EB-1C multinational executive or manager. As of March 11, 2025, the filing fee is $700. Supporting documentation includes proof of the qualifying relationship, the employee’s prior role abroad, and the U.S. job offer.
2. Priority Date Assignment: Upon receipt, USCIS assigns a priority date—the filing date of the I-140 petition. This determines the employee’s place in line for visa availability. Fortunately, EB-1 priority dates are typically “current,” meaning no backlog exists for most countries as of the latest Visa Bulletin (March 2025).
3. Adjustment of Status (Form I-485): If the employee is in the U.S. on a valid L-1A visa and the priority date is current, they can file Form I-485, Application to Register Permanent Residence or Adjust Status, concurrently with the I-140 or after its approval. The I-485 filing fee ranges from $750 to $1,140, depending on age, as of 2025. This step allows the employee to remain in the U.S. during processing.
4. Processing and Approval: Standard I-140 processing takes 8–12 months, but premium processing, available since 2023 for EB-1C petitions, reduces this to 45 days for an additional $2,805 fee (adjusted for 2025). Once approved, and with a current priority date, the I-485 adjudication typically takes 6–12 months, granting permanent residency upon approval.
5. Family Inclusion: Spouses and unmarried children under 21 can file derivative I-485 applications, obtaining green cards simultaneously. Spouses may also apply for work authorization (EAD) during processing.

 

Benefits of the L-1A to EB-1C Pathway

 

This transition offers several advantages:

• No Labor Certification: Bypassing the PERM process saves time and eliminates the need to prove a shortage of U.S. workers.
• Speed: With premium processing and current priority dates, the entire process can conclude in under a year—faster than EB-2 or EB-3 categories, which often face multi-year backlogs for countries like India and China.
• Permanent Residency: The EB-1C grants an unconditional green card valid for 10 years, renewable indefinitely, unlike the EB-5’s two-year conditional period.
• Family Benefits: Dependents gain residency and work authorization, enhancing family stability.

 

Challenges and Considerations

 

Despite its advantages, the L-1A to EB-1C transition poses challenges:

• Documentation Burden: Proving managerial or executive roles requires detailed evidence, such as organizational charts, job descriptions, and payroll records. Incomplete submissions often lead to Requests for Evidence (RFEs), delaying approval.
• Scrutiny for Startups: Newer U.S. entities must demonstrate operational stability and growth, which can be difficult for companies under one year old at the time of L-1A filing.
• Role Consistency: USCIS closely examines whether the employee’s U.S. role matches their prior foreign position, rejecting petitions if duties appear operational rather than managerial.

 

Recent Trends and Data (March 2025)

 

As of March 11, 2025, the EB-1C remains in high demand. The State Department’s Visa Bulletin for March 2025 indicates all EB-1 priority dates are current, reflecting efficient visa allocation in FY 2024 (ending September 30, 2024), when all 40,000 EB-1 visas were issued. USCIS data shows EB-1C petitions comprised roughly 60% of EB-1 approvals in recent years, underscoring its prominence among multinational transferees.

 

Conclusion

 

For multinational executives and managers, the L-1A to EB-1C pathway offers a strategic route to U.S. permanent residency. By leveraging an existing intracompany transfer, employees can secure a green card without the delays of labor certification or conditional residency. Employers benefit from retaining key talent, while families gain long-term stability. However, success hinges on meticulous preparation and compliance with USCIS standards. As immigration policies evolve, consulting an experienced immigration attorney remains essential to navigate this process effectively.

 

Sources

 

1. U.S. Citizenship and Immigration Services (USCIS). “Employment-Based Immigration: First Preference EB-1.” https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1
2. U.S. Department of State. “Visa Bulletin for March 2025.” https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html
3. USCIS. “Green Card for Employment-Based Immigrants.” https://www.uscis.gov/green-card/green-card-processes-and-procedures/green-card-employment-based-immigrants