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Understanding EB-1C Green Card Conditions for L-1A Visa Holders | International Consulting Services (ICS)

L-1A visa holders in the USA have the opportunity to apply for a U.S. green card through the EB-1C employment-based immigrant visa category. This pathway is specifically designed for multinational executives and managers who meet the qualifying criteria. For those aiming to transition from an L-1A visa to permanent residency, here’s a guide provided by International Consulting Services (ICS).

Key Conditions for L-1A and EB-1C Visa Categories

  1. Qualifying Executive or Managerial Position
    The applicant’s role in the foreign company must have been at the executive or managerial level, and they must maintain a similar position in the U.S.-based company under the EB-1C.

  2. Requirement to Continue Business Operations

    • The U.S. and foreign companies must be actively operating for at least one year prior to filing the EB-1C petition.
    • For “New Office” L-1A visas, U.S. firms must demonstrate that they have secured physical premises, met the 1-year foreign employment requirement for the beneficiary, and can support an executive or managerial role within 12 months.
    • The initial L-1A visa for a new office is granted for one year. Afterward, an extension is necessary to prove the U.S. entity’s viability, including increased revenue and employment of additional staff. This step is essential before pursuing an EB-1C Green Card.

  3. Continuous Operation of Foreign and U.S. Entities

    • Both the U.S. and foreign offices must remain operational. If the foreign office ceases to function before the green card is issued, USCIS may revoke the I-140 petition for permanent residency.

  4. Exemption from Labor Certification

    • One of the advantages of the EB-1C category is that it does not require labor certification, which is often a time-consuming process involving recruitment to demonstrate the unavailability of qualified U.S. workers.

Why Choose the EB-1C Pathway?

The EB-1C category allows multinational companies to transfer senior executives and managers to the U.S. without the need for labor certification, expediting the immigration process for highly qualified professionals. While obtaining an L-1A visa can often indicate EB-1C eligibility, each application undergoes rigorous examination.

Navigating the EB-1C Application Process

The EB-1C petition process is complex, requiring detailed evidence of the petitioner’s qualifications and the operational continuity of both the U.S. and foreign entities. It’s crucial to consult with experienced immigration advisors to maximize your chances of a successful application.

At ICS, we specialize in:

  • Assessing EB-1C Eligibility: We help determine eligibility for the EB-1C category based on your current L-1A status and company structure.
  • Application Preparation and Submission: Our experienced team prepares and submits comprehensive EB-1C applications, ensuring all required documentation is provided.
  • Consultation on U.S. and Foreign Operations: We provide guidance on maintaining operations in both the U.S. and abroad to meet EB-1C requirements.

If you’re interested in transitioning from an L-1A to an EB-1C, International Consulting Services offers tailored assistance throughout the application process.

For more information, reach out to ICS:

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