L-1 Visa to Green Card: A Step-by-Step Guide

Each year, tens of thousands of foreign nationals live and work in the United States on an L-1 visa. In most cases, it’s a win-win situation for applicants and the companies they work for. The foreign workers go back home after several years.

However, some L-1 visa holders enjoy their time in the United States and they’d rather stay than return to their home country.

The L-1 visa isn’t an immigrant visa. The holder and their family members cannot remain permanent lawful residents of the United States. But L-1 visa holders can change their immigration status to another visa that will let them stay in the United States for the rest of their lives, if they choose.

In this article, we’ll explain how L-1 visa holders can switch to a visa that will get them a Green Card and all the benefits of lawful permanent residency in the United States.

What Is the L-1 Visa Category?

L-1 visas are temporary non-immigrant visas. They are meant for foreign employees of multinational companies who are being transferred to the United States from foreign affiliates, branches, or subsidiaries.

There is no annual ceiling on the number of L-1 visas that can be issued. A recipient can bring their spouse and unmarried children under the age of 21 to the United States. The L-1 visa holder’s spouse can also work freely in the United States under an L-2 visa.

The Immigration Act of 1990 made the visa available in two categories:

• L-1A Visa: For an individual in a managerial or executive position. An approved L-1A holder can stay in the United States for up to seven years on this nonimmigrant visa.
• L-1B Visa: For an individual in a specialized knowledge worker position. An approved L-1B visa holder can stay in the United States for up to five years on this nonimmigrant visa.

To qualify for L-1 visa approval, an applicant must fulfill the requirements below:

• The applicant should submit Form I-129 and supporting documentation showing that the U.S. company and foreign company have a direct, qualifying connection. For example, one should have a branch office or affiliate in the other.
• The applicant should have worked for the foreign company continuously for at least one of the preceding three years before filing the L-1 visa petition.
• The applicant must have worked for the foreign company as a manager, executive, or specialized knowledge worker.
• The applicant must also continue working in the United States in a managerial or executive capacity to get an L-1A visa, or in a specialized knowledge worker capacity to get an L-1B visa.

It’s not possible to go directly to a Green Card via an L-1A or L-1B.

However, the L-1 is a dual intent visa. This makes it possible for you to change your immigration status. Receiving one is a great way to start living and working in the United States, which makes it easier to apply for a Green Card later on.

L-1 Visa to Green Card: What Are Your Options?

To get a Green Card, an L-1 visa holder must apply for and be approved by United States Citizenship and Immigration Services (USCIS) for a different immigrant visa. Only an immigrant visa can lead to a Green Card.

L-1 visa holders have several Green Card visa options to choose from. Below are some of the most popular pathways.

EB-1A

The EB-1A visa is meant for individuals with extraordinary ability. Those who have received national or international acclaim for reaching the top of their field in art, athletics, business, education, or science are eligible to receive such a visa.

Someone who has received a widely recognized international award—such as a Nobel Prize, Olympic medal, or Pulitzer—can get one relatively easily.

Without such an award, an applicant would need to meet at least three of the following criteria:

• Received other recognized awards in their field.
• Member of prestigious associations requiring outstanding achievement.
• Featured in major professional publications or media.
• Judged the work of others in their field.
• Made original and significant contributions to their field.
• Published scholarly articles in major publications.
• Work has been showcased in artistic exhibitions.
• Played a critical role in distinguished organizations.
• Command a high salary compared to others in their field.
• Demonstrated commercial success in the performing arts.

EB-1C

The EB-1C visa is intended for managers or executives who are being transferred to the United States by a multinational company.

EB-1C eligibility requirements are as follows:

• The U.S. company and foreign employer must have a qualifying relationship—that is, one is a branch, affiliate, parent, or subsidiary of the other.
• The applicant must have worked for the foreign company as a manager or executive.
• The applicant must have worked for the foreign company for at least one year continuously during the three-year period before filing the EB-1C application.
• The applicant must receive a job offer to work for the U.S. company as a manager or executive.
• The U.S. company must have been in operation for at least a year before the applicant’s filing date.

EB-2

The EB-2 visa category is meant for professionals who can show that they have the following:

• An advanced degree in a field where they have demonstrated exceptional ability.
• A job offer from a U.S. company.
• An approved labor certification indicating that no qualified U.S. worker is available for this job.

The EB-2 visa category also offers select applicants an easier approval process and premium processing via the EB-2 National Interest Waiver. Qualification for this means the applicant will not require a job offer or a PERM labor certification. The applicant must have worked and agree to continue working in an area of critical importance to U.S. national interests. It’s rare for an individual to be eligible for this waiver.

EB-3

The EB-3 visa category is meant for professionals as well as skilled and unskilled workers. An individual can be approved for one if they fulfill the criteria below.

• Have relevant experience, training, or job education if applying as a foreign worker.
• Have a bachelor’s degree or equivalent if applying as a professional.
• Have a job offer from a U.S. employer.
• Have the employer go through the labor certification process and demonstrate that no qualified U.S. worker is available for this job.

All of the options above depend on you having some combination of an advanced degree, extraordinary abilities, and an employer who will sponsor you. These routes aren’t suitable for everyone.

But there is another option that works for a broader range of people.

The EB-5 Program: The Easiest Way to Convert Your L-1A Visa to a Green Card

Since the 1990s, the EB-5 Immigrant Investor Program has been a reliable pathway to a U.S. Green Card for qualified foreign investors. Under this program, a foreign national provides investment that stimulates economic growth and creates jobs that last for at least two years in the United States. In return, the investor and their eligible family members can become U.S. lawful permanent residents.

Pursuing this investment-based immigrant visa is the easiest way for most L-1A visa holders to get a Green Card.

How to Convert Your L-1A Visa to a Green Card via the EB-5 Program

Here’s an overview of the main steps of the L1A visa to EB-5 Green Card process.

Study the EB-5 Program and Get Professional Advice

The first thing you’ll want to do is familiarize yourself with the EB-5 program. Spend some time on the EB5AN website reading up on how the program works, its requirements, and its benefits.

You’ll also want to seek help from EB-5 industry professionals and an immigration attorney.

Confirm You Are Eligible

Check with EB5AN to ensure you are qualified for the program. We’ll ask you to do the following:

• Complete an EB-5 investor eligibility questionnaire.
• Receive our investment offering documentation.
• Study our offering documents and get ready to make key investment decisions.

You must also have the investment capital available to meet the minimum required investment amount of $800,000.

Choose Direct or Regional Center Investing

You’ll either invest in a new commercial enterprise (NCE), which is a business that meets EB-5 program requirements, or revive and revamp a struggling business. You’ll also need to make an important choice on whether to invest your money directly or via a regional center.

There are substantial differences between these investment models. Regional center investing is the preferred approach of nearly all EB-5 applicants.

Take a look at some of the key differences below to determine which is the best fit for your needs and goals.

Direct Investing

Direct investors allocate capital directly into a new commercial enterprise. Only one investor may fund each NCE. These are the key features of this approach:

• More Control and Responsibility: Direct investors are active, hands-on managers who determine the project’s organization, administration, and budgeting. They usually have to live close to the project’s address.
• More Risk: A direct investment entails more immigration and financial risk. Direct investment projects count only the jobs the project creates directly, which makes it harder to satisfy EB-5 program requirements. The timeline for approval is typically not as predictable. Professional support staff may not be available to help the investor handle problems.

Regional Center Investing

A regional center investor funds a project sponsored by a USCIS-approved regional center. Multiple investors may pool their capital to fund a single project. These are the key features of this approach:

• Reduced Involvement: Regional center investors generally do not take on day-to-day management duties. The regional center handles these and administers the project. The investor has the flexibility to live where they please.
• Less Risk: Regional centers choose projects with low immigration and financial risk to clients. They also provide guaranties in some cases. Experienced support staff help investors navigate every step of the application process. The job creation criteria are also easier for regional center investments, since direct, indirect, and induced jobs can be counted.
• More Transparency and Accountability: Regional center investors enjoy more transparency into the investment process and regional centers are held to better accountability standards, thanks to the EB-5 Reform and Integrity Act of 2022.

Perform Due Diligence

It’s important to do your research carefully. You’ll want to keep an eye out for certain things before you choose an investment project and regional center.

These are some of the indicators of a strong investment project:

• USCIS has reviewed and approved the project.
• The project has already secured the needed permits and licenses.
• The project can create at least 10 full-time jobs for each investor.
• The project can sustain itself throughout the application period and potentially provide returns on your investment.
• The regional center has a track record of success handling EB-5 projects.

These are some of the indicators of a reliable regional center:

• It can provide information on how many other investors filed visa petitions successfully, compelling explanations for any rejections, and evidence that it has taken steps to prevent any problems with future petitions.
• It has been operational for years, with a proven track record of success.
• It has a redeployment plan for the investment funds that will ensure the investment amount remains at risk for at least two years, in accordance with EB-5 program requirements.

Invest the Required Funds

After you’ve selected a project, you’ll need to make a qualifying investment.

The usual required minimum investment for an EB-5 project is $1,050,000.

However, you will be eligible for a discounted minimum investment of $800,000 if you invest in a project located in a targeted employment area (TEA), such as a rural or high-unemployment area. These locations have the greatest need for economic stimulus and job creation.

Regardless of which avenue you pursue, you will have to prove these funds were lawfully obtained.

Many EB-5 investors will place this investment capital in an escrow account managed by a regional center. The regional center will then release these funds into the project after USCIS receives the investor’s I-526E immigrant petition.

You must also keep these funds “at risk”—that is, continuously invested without being withdrawn—for at least two consecutive years if the investment is to qualify.

Compile Documentation

Start compiling the documents you’ll need to receive approval on your application. Essential documents include, but are not limited to:

• Passport
• Birth certificate
• Marriage certificate, if applicable
• Proof that your investment funds were lawfully obtained (bank documents, employment or wage documents, documentation of gifts).

You’ll also need to fill out your immigrant petition.

Submit Form I-526E

Filing Form I-526E is one of the most important steps in the EB-5 application process. This is your immigrant petition. The right choice of form will depend on how you’re investing your capital.

If you’re investing in an NCE directly, choose Form I-526 (Immigrant Petition by Standalone Investor).

If you’re investing via a regional center, choose Form I-526E (Immigrant Petition by Regional Center Investor).

It’s wise to consult with an experienced immigration attorney before you submit this form.

Here’s what you’ll need to include when filing:

• Evidence that the project is eligible for EB-5 funding and received the investment. This can include business agreements, financial reports, and articles of incorporation for direct investments, or Form I-956F for regional center investments.
• Evidence that you invested at least $800,000 for a TEA project or $1,050,000 for a non-TEA project. This can include bank statements, business records, and loan or mortgage certificates.
• Evidence that your investment funds were obtained lawfully. This can come from bank statements, tax returns, salary or earnings documents, personal property sales records, or gifts from others.
• Evidence that their investment is creating at least 10 full-time jobs for U.S. workers. This can include a business plan or an Economic Impact Analysis.
• Evidence that you’ll be involved in the management of the business. This can include documentation about your management and policymaking duties or your voting records.
• A copy of your government-issued identification, like a passport.

After you submit your petition, you should receive a letter from USCIS acknowledging that it was filed and indicating when you will be eligible to apply for a visa. USCIS adjudication timelines vary between individuals.

File for Adjustment of Status

Form I-485 to adjust status is the petition that will earn you a conditional Green Card. L-1A visa holders who are already working and living in the United States can submit theirs concurrently with Form I-526E, which will speed up the Green Card approval process considerably. Applicants also need to have a visa immediately available to them in order to benefit from concurrent filing. They can file for work and travel permits concurrently, too, and basically start enjoying the advantages of an EB-5 Green Card while their application is being processed.

However, an investor applying from their home country will have to submit Form DS-260 instead of Form I-485. They will have to go through consular processing at a U.S. embassy or consulate in their country, and submit it to the National Visa Center, before they can travel to the United States. After your application is processed, you’ll also need to participate in an immigration interview at your local consulate or embassy.

Approval of an application means the investor will obtain conditional permanent residence, or a conditional Green Card. This will permit them to work and live in the United States for two years. Investors must keep a primary residence in the United States throughout this time frame.

Fulfill EB-5 Program Requirements

As previously mentioned, the investor must keep their funds “at risk” for at least two years. This means they cannot withdraw those funds from the investment.

The project they invested in must create at least 10 full-time jobs for American workers that last for at least two years.

Investors must also have some involvement in managing the enterprise. Direct investors are actively involved in day-to-day operations. Regional center investors play a passive role as limited partners.

File Form I-829

The last step is to file Form I-829. Approval will lift conditions on your Green Card, providing you with a permanent Green Card that can be renewed every ten years.

To receive this, you must prove that you fulfilled all EB-5 program requirements. You may also be asked to attend an interview for biometrics.

You’ll file this form during the last 90 days of your conditional residency period. While the form is being processed, your conditional residency will remain valid.

Below are some of the documents you’ll need to include with your I-829 petition. Your immigration lawyer will help you through this.

• Evidence of conditional permanent resident status: A copy of the conditional permanent resident card or EB-5 visa.
• Proof of NCE: Tax statements to show the NCE complied with tax laws.
• Proof of capital investment: Financial statements or other evidence to show that capital was invested in the NCE.
• Job creation documentation: Payroll records and tax forms to show that the investment created at least 10 jobs.
• Criminal history documentation: Legal documents for those applicants who have a criminal record. This paperwork is not applicable to all investors.

Get Help Converting Your L-1A to a Green Card With EB5AN

The EB-5 program is the fastest and easiest way to convert an L-1 visa to a Green Card. But this article is just an introduction to a complex and lengthy application process. It’s critical to get professional assistance. You’ll significantly improve your chances of approval by working with an expert team, and that’s where EB5AN comes in.

Book a free call with us today to learn more.