L-1 visa to green card: EB-1C and other routes

Can you get a green card from an L-1 visa?

Yes. The L-1 is a nonimmigrant visa, but it allows dual intent. Under 9 FAM 402.12-13, L-1 applicants are not subject to the usual presumption that they intend to immigrate, and seeking permanent residence does not prevent a person from getting or keeping L-1 status. An L-1 holder can work in the United States while a green card case moves forward.

There is no automatic conversion. The L-1 does not turn into a green card on its own. A separate immigrant petition is filed, usually Form I-140, and then the person applies for the green card when a visa number is available.

The right route depends mainly on the role. For the L-1 rules themselves, see L-1 visa requirements explained (opens in a new tab).

What are the main green card routes for L-1 holders?

Most L-1 holders look at 1 of 3 routes. EB-1C covers multinational managers and executives. PERM labor certification, followed by an EB-2 or EB-3 petition, covers most other employees. The EB-2 National Interest Waiver can fit some professionals whose work has national importance.

We don't advise on which route to take. Your immigration attorney can confirm which fits your role and your company.

What is EB-1C?

EB-1C is the first preference green card category for multinational managers and executives. It is close to the L-1A in structure: related companies, a qualifying role abroad, and a managerial or executive role in the United States. The U.S. employer files Form I-140. No labor certification is required, which removes one step that many employment-based cases need.

Under the regulation at 8 CFR 204.5(j), the main requirements are:

• The person worked abroad for at least 1 year, in the 3 years before the petition, in a managerial or executive role for the related company. For someone already in the United States working for the same organization, the 3 years are counted back from their entry as a nonimmigrant.
• The U.S. employer is the same employer, or a subsidiary or affiliate, of the company abroad.
• The U.S. employer has been doing business for at least 1 year.
• The person will work in the United States in a managerial or executive role.

The definitions of manager and executive are the same as those used for L-1A. That is why many L-1A holders look at this route first.

Is the L-1A to EB-1C route faster?

EB-1C skips the labor certification step, so it has fewer stages than a PERM-based case. That does not mean the whole process is faster for everyone. The total time also depends on USCIS processing of the I-140 and on visa availability for EB-1 in the person's country, shown in the monthly Visa Bulletin.

USCIS posts current I-140 times in its Check Case Processing Times tool. Government processing times are set by the authorities. Your attorney can read the Visa Bulletin with you for your country and category.

Can an L-1 new office manager use EB-1C?

Not right away. EB-1C requires the U.S. employer to have been doing business for at least 1 year. A new office, by definition, has done business for less than 1 year. The office first needs a record of regular, continuous business, which is also what its L-1 extension must show.

The role must also be managerial or executive in practice. A manager who still performs most of the daily tasks alone may find that harder to show. The staffing built in the first years, with roles that handle the daily work, supports both the L-1 extension and a later EB-1C petition. See L-1 new office requirements explained (opens in a new tab) and the L-1 new office extension (opens in a new tab).

What are the green card options for L-1B employees?

EB-1C covers managers and executives only. An L-1B employee with specialized knowledge usually needs another route. The most common is PERM labor certification through the U.S. Department of Labor, followed by an EB-2 or EB-3 petition. Some L-1B employees are later promoted into managerial roles and may then look at EB-1C.

A promotion within L-1 is possible. Under 9 FAM 402.12-14(C), someone promoted from L-1B to L-1A needs at least 6 months in the managerial or executive role, approved by the authorities, before the 7-year L-1A limit applies. For how the 2 types compare, see L-1A vs L-1B (opens in a new tab).

Can an L-1 holder apply for an EB-2 NIW instead?

Some can. The EB-2 National Interest Waiver does not depend on the employer or the L-1 role. It depends on the person's advanced degree or exceptional ability and on an endeavor with substantial merit and national importance, under the 3 prongs of Matter of Dhanasar. The person can file as a self-petitioner.

This route fits people whose work has impact beyond one company. It is assessed on very different evidence from EB-1C. See EB-2 NIW requirements explained (opens in a new tab) and Matter of Dhanasar and the three NIW prongs (opens in a new tab).

What happens after the I-140 is approved?

When a visa number is available, the person applies for the green card. Someone in the United States in L-1 status usually files to adjust status with USCIS. Someone abroad goes through consular processing. Spouses and children can be included as dependents in the same case.

While the case moves forward, the L-1 limits still apply: 7 years for L-1A and 5 years for L-1B, including time in H status. Planning the green card timeline against those limits is a key part of the attorney's work. For how the limits are counted, see L-1 visa duration, extension and renewal.

How does a business plan fit into an L-1 to green card case?

For EB-1C, the U.S. company's structure and staffing carry weight, because they show the role is managerial or executive. An updated business plan can show the current organization chart, the team under the manager, and the company's growth. For an NIW, a plan can document the endeavor against the Dhanasar prongs.

For how to present staffing, see the hiring plan and job creation schedule (opens in a new tab).

Where does VisaPlans fit?

VisaPlans prepares the L-1 Business Plan (opens in a new tab) and the EB-2 NIW Business Plan (opens in a new tab). Expert-trained AI writes each plan and a human specialist reviews every page. Delivery is within 3 business days of confirmed information. See pricing (opens in a new tab) for what is included.