The L-1 Intra-Company Transferee visa is a non-immigrant work visa. It allows qualifying foreign employees of multinational companies to be temporarily transferred to a parent, subsidiary, affiliate, or branch of the same company in the U.S.

There are two main categories under the L-1 visa:

1. L-1A Visa for managerial or executive roles within the organization.

2. L-1B Visa for employees with specialized knowledge about the company’s products, and procedures. 

Each category has specific eligibility criteria and benefits, catering to different professional roles within a company.

It is important to understand the visa duration under L-1 if you are considering transitioning to permanent residency. For L-1A visa holders, the maximum stay allowed is seven years, while those with an L-1B visa can stay for up to five years. Initially, both visas are granted for three years, but extensions of two years for each are possible.  When your L-1 visa reaches its maximum limit, you may indeed be concerned about your options. In such a situation, you have several avenues to explore:

1. If you’re currently on an L-1A visa, you are indeed in an advantageous position when it comes to applying for a green card. The EB-1C immigrant visa category is an excellent pathway that mirrors the L-1A non-immigrant visa. Both visas are designed for individuals in managerial roles, making the transition from L-1A to EB-1C a seamless option. However, there is a catch—you’ll need sponsorship from your employer.

2. What if you have an L-1B visa? The duration for this visa is even shorter than that of the L-1A, with a maximum stay of 5 years. Unlike the L-1A, which is designed for managerial roles, the L-1B focuses on employees with specialized knowledge of the company’s products and procedures. Changing from an L-1B to an EB-1C visa is complicated as the person with specialized knowledge under L-1B might not be suddenly reclassified to fit the criteria of the EB-1C category, which requires the individual to have worked as a manager or executive abroad and to be employed in a similar capacity within the U.S. company. While an L-1B visa is a dual intent non-immigrant visa, transitioning to EB-1C might not be straightforward. The United States Citizenship and Immigration Services (USCIS) may reject your EB-1C application if your original entry into the U.S. was based on L-1B specialized knowledge and you seek the transition to managerial or executive roles under EB-1C.

However, if your initial L-1B petition demonstrates a combination of specialized knowledge and managerial duties, and if you meet other EB-1C requirements, then pursuing the EB-1C category might indeed be a viable option for you.

3. A strategic approach worth considering is self-petitioning through avenues such as the EB-2, National Interest Waiver (NIW), or the EB-1A category. These pathways offer increased flexibility as they do not require employer sponsorship. Individuals with extraordinary abilities or those whose work significantly contributes to the national interest of the United States stand a better chance of transitioning to the EB-1A, and EB-2 NIW category.

4. Alternatively, you might switch from an L-1B to an L-1A visa, granting you an additional two years of stay if you meet the eligibility requirements.

5. If none of these options are applicable to you, another avenue to explore is transitioning to an H-1B visa. However, it is essential to note that the H-1B visa operates on a lottery-based system, which means there’s no guarantee of selection.

6. As a last resort solution, you may consider recapturing previously unused time from prior visa statuses. This approach can prolong your current stay and open up additional opportunities to change your status, spanning from weeks to months.

Navigating the immigration process can be complex, but with the right knowledge and strategies, you can find the best pathway to secure your green card. Whether through employer-sponsored categories like EB-1C or self-petitioning options like EB-1A and NIW, understanding your options is key to making informed decisions. Once your L-1 visa limit is reached and you want to continue living and working in the U.S., you can either file for a change of status to switch to another nonimmigrant visa like the H-1B visa, or file to adjust status to the permanent resident through EB-1C.

This article does not replace personalized legal advice.