The thought of making your stay in the U.S. permanent is very exciting for many L-1 visa holders. This visa, intended for executives, managers, and employees with specialized knowledge transferring within a multinational company, is a stepping stone toward obtaining a U.S. Green Card by investment. If you’re on an L-1 visa at present and thinking of this change, you need to understand the process.
For most, the Green Card by investment and employment-based Green Cards are two popular avenues that make this a reality. Let’s walk through the step-by-step process for converting your L-1 visa into a U.S. Green Card.
- Determine Your Green Card Eligibility
First is determining your eligibility. Most L-1 visa holders qualify under two employment-based Green Card categories:
- EB-1C (Multinational Manager or Executive): Ideal for executives or managers with past leadership in their organization. This tends to be a faster category without labor certification.
- EB-5 Visa: for those who can invest in any commercial enterprise that is approved by the U.S. government; $800,000 and provides at least 10 positions for U.S. citizens.
Choose the category that best fits your career aspirations, budget, and time frame.
- File the Immigrant Petition (Form I-140 or I-526)
The next step is filing the appropriate petition with the U.S. Citizenship and Immigration Services (USCIS).
- For EB-1C Applicants: Your employer (same as the one sponsoring your L-1 visa) files Form I-140, Immigrant Petition for Alien Worker, on your behalf.
- For EB-5 Applicants: You file Form I-526, Immigrant Petition by Alien Investor, to show that your investment meets all requirements, such as the minimum amount of investment and that it creates or preserves jobs.
This petition establishes the basis for your Green Card application.
- Obtain Labor Certification (If Necessary)
In contrast to the other employment-based green card categories, EB-1C and EB-5 applicants usually are not required to obtain PERM labor certification. This step—the proof that there is no qualified U.S. worker available for the given position—is thus skipped for these particular categories, which slightly shortens the process.
- Submit Form I-485 (Adjustment of Status)
After your petition is approved, you will need to submit Form I-485, Application to Register Permanent Residence or Adjust Status, to change your visa status from L-1 to a Green Card holder.
If you already are in the United States on an L-1 visa, this process is called Adjustment of Status (AOS). If the applicant is outside the U.S., it will include consular processing; as such, one has to apply for an immigrant visa at a U.S embassy or consulate abroad.
- Pass the Medical Examination
All Green Card applicants must undergo a medical examination with a USCIS-authorized doctor. The results are submitted along with your Form I-485. The exam ensures you meet the health requirements set by U.S. immigration laws.
- Attend the Biometrics Appointment
After filing Form I-485, USCIS will schedule a biometrics appointment. At this appointment, your fingerprints, photograph, and signature will be taken for a background check.
This step is important in verifying your identity and determining whether you have any disqualifying criminal history.
- Respond to Requests for Evidence (If Applicable)
In some cases, USCIS may issue a Request for Evidence (RFE) if additional documentation is needed to support your Green Card application. Common RFEs include missing documents, clarification on your employment history, or further details about your investment (for EB-5 applicants).
Please answer promptly and accurately in order to avoid delays in processing.
- Attend the Green Card Interview
USCIS may require you to appear for an in-person interview as part of the adjudication process. At the interview, an officer will review your application and verify the information provided.
Prepare by reviewing your case and ensuring all your documentation is accurate and organized.
- Receive Your Green Card
If your application gets approved, you will get your Green Card, which gives you permanent resident status in the U.S. In the case of EB-5 applicants, the first Green Card received is conditional and is valid for two years. After two years, you will have to file Form I-829 to remove the conditions in order to secure your permanent Green Card.
Common Challenges and How to Overcome Them
- EB-1C Qualifications Proof: You will have to prove that you are an executive or manager by showing detailed documentation, such as organizational charts, job descriptions, and proof of your decision-making authority.
- Meeting Investment Requirements for EB-5: The investment standards set by USCIS can be highly complicated to comply with. It would be good to partner with the reliable regional centers or legal advisors who can help mitigate risks.
- Timelines and Processing Delays: These may vary from a few months up to a number of years, based on the category, and USCIS workloads at the time. Applicants need to follow up regularly on their application status.
Why FRR Immigration Is the Right Partner for You
The L-1 visa conversion to a Green Card under the EB-1C category or the Green Card by investment route requires very precise planning and expert guidance. At FRR Immigration, we cater to making this process simplified for Indian professionals and families, ensuring that your transition is seamless and hassle-free.
Here’s how we can help:
- Tailored Solutions: We review your unique situation and advise you on the most appropriate Green Card route.
- Full Support: From preparing the documents to filing the petitions and even responding to RFEs, we take care of every step with the required detail.
- Trusted Advisors: Having helped many clients in the past with L-1 visa conversions, we can ensure that your application stands the best chance of success.
Ready to take the next step towards U.S. permanent residency? Contact FRR Immigration today and let’s make your dreams come true.
