L-1A Intracompany Manager/Executive and EB-1C Green Card: Eligibility, Requirements, and Process

Whether you are an employer seeking to transfer employees to the U.S. or an employee looking to work in the U.S., we aim to provide valuable information to help you achieve your goals. I.S. Law Firm has helped countless clients successfully obtain L visas. In this blog, we will share our expertise and insights to help you understand the eligibility requirements, qualifications, and filing process for L-1A visa and pathway from L-1A to EB-1C Green Card (Permanent Residency). So, let’s explore how they can benefit you.

L-1A Intracompany Transfer Visa: Overview and Process

The L-1A visa is designed for multinational companies to transfer executives or managers from a foreign office to an affiliated U.S. office. This visa is also ideal for foreign entrepreneurs who establish a U.S. business while continuing operations abroad. It allows for an easier pathway to permanent residency through the EB-1 Green Card due to similarities in eligibility requirements.

L-1A Requirements

1) Qualifying Relationship

The U.S. company must be related to the foreign entity as a parent, subsidiary, affiliate, or branch office

2) Position of the Applicant

The applicant must have worked as a manager or executive at the foreign entity for at least one continuous year within the last three years before entering the U.S.

The transferred role in the U.S. must also be in executive or managerial capacity.

3) Managerial/Executive Capacity Defined

– Manager: Directs a department or function, supervises other employees, or manages essential functions without direct supervision.

– Executive: Has decision-making authority and oversees large aspects of the company without needing oversight.

4) Establishing a New U.S. Office

– Evidence of physical premises for the new office in the U.S.

– A business plan demonstrating the company’s growth and capability to support the manager/executive position within one year.

If you’re interested in applying for L-1A and L-1B visas and require professional legal assistance, we are here to help. To schedule a consultation, please use the following link: Schedule a Consultation – I.S. Law Firm, PLLC. We look forward to assisting you.

L-1A Process

1) Filing Form I-129 (Petition for Nonimmigrant Worker)

Submitted by the U.S. entity to USCIS, including documentation about the company structure, qualifying relationship, job duties, and the applicant’s qualifications.

Premium processing (15-day expedited review) is available.

2) Visa Application at a U.S. Consulate/Embassy

If the petition is approved, the applicant applies for an L-1A visa at the nearest U.S. consulate.

3) Duration and Extensions

Initially granted for one year if opening a new U.S. office; otherwise, up to three years.

Can be extended for a total of seven years (with one-year increments for new offices after meeting growth milestones).

Pathway from L-1A to EB-1C Green Card (Permanent Residency)

The EB-1C category offers a direct route to a Green Card for individuals with L-1A status. The transition is straightforward since the qualifications overlap significantly.

EB-1C Requirements

1) Qualifying Relationship Between U.S. and Foreign Entities

Must demonstrate that the U.S. and foreign companies have the same type of qualifying relationship required for the L-1A visa.

2) Executive or Managerial Role

The applicant must have held an executive or managerial position at the foreign company for at least one year within the past three years and must hold a similar role in the U.S. office.

3) Business Viability

The U.S. company must be operational and able to support the executive/manager’s role, with employees or contractors reporting to them and evidence of business growth.

EB-1C Green Card Process

1) Filing Form I-140 (Immigrant Petition for Alien Worker)

The U.S. company files the petition to USCIS, demonstrating the applicant’s qualifications, the company’s structure, and the qualifying relationship with the foreign entity.

2) Adjustment of Status (Form I-485)

If the applicant is already in the U.S. on an L-1A visa, they can file for adjustment of status to permanent residency.

If abroad, the applicant must go through consular processing at a U.S. embassy or consulate.

3) Processing Time and Priority Dates

EB-1C petitions typically have shorter processing times compared to other Green Card categories, and no labor certification (PERM) is required.

Premium processing is currently unavailable for EB-1C petitions, but the overall timeline is expedited compared to other employment-based visas.

4) Permanent Residency

Once approved, the applicant and their immediate family members (spouse and children under 21) receive Green Cards.

Comparison of L-1A and EB-1C Benefits

– L-1A Visa:

Allows executives and managers to work and live in the U.S. temporarily.

Can be extended for up to seven years.

Family members can accompany the applicant and also receive L visas. The spouse of L-1 visa holder also qualifies for employment authorization (work permit)

– EB-1C Green Card:

Provides permanent residency without requiring PERM labor certification.

Family members can accompany the applicant and also receive Green Cards.

I.S. LAW FIRM, PLLC provides services from the beginning of the process to the final point. We can establish a business entity, negotiate agreements, draft contracts, and handle the entire immigration process for the investor and his/her family.

To learn more about our services and for consultation on the L-1A or EB-1C please click here to schedule a consultation: https://www.islawfirm.com/consultation/

or contact us at +1-703-527-1779 or via e-mail: [email protected].