Learn how to go from an L-1 visa to a green card. We cover L1 visa requirements, the L-1A to green card (EB-1C) process, L-1B options, real-world examples, and tips for a successful transition.
10 minute read
April 21, 2025
By Team Gale
The L-1 visa is a popular option for multinational companies transferring employees to the United States. If you’re in the U.S. on an L-1A or L-1B visa (often used by managers, executives, or specialized knowledge workers), you may be wondering about the next step: getting a green card (U.S. permanent residence). The good news is that many L-1 visa holders do have a clear pathway to a green card. In this comprehensive guide, we’ll explain what the L1 visa is, its requirements, and how to go from L-1 to green card status. We’ll answer common questions like “Can L-1 visa holders apply for green cards?” and “How long does it take to get a green card through L-1?” We’ll also provide examples and scenarios, especially relevant to professionals from India (who often face long green card queues), and tips to make your transition smoother.
Whether you’re an L-1A executive mapping out an EB-1C green card strategy, or an L-1B employee exploring options, this post will arm you with knowledge to plan your immigration future confidently.
The L-1 visa is a nonimmigrant work visa for intracompany transferees. It allows a U.S. company to transfer an employee from one of its affiliated foreign offices to the U.S. There are two types:
Key L1 visa requirements include:
The foreign worker must have worked for the company’s affiliate abroad for at least 1 continuous year within the last 3 years prior to coming to the U.S.
The employment abroad must have been in an executive, managerial, or specialized knowledge capacity.
The U.S. job must be in a corresponding executive or managerial capacity (for L-1A) or specialized knowledge capacity (for L-1B).
There must be a qualifying relationship between the foreign company and the U.S. company (parent, branch, subsidiary, or affiliate). Essentially, the companies must have common ownership or control.
The U.S. company must be (or will be) a doing business (active and operational) entity. If it’s a new U.S. office being set up, L-1 visas can still be obtained but with additional criteria and often shorter initial approval (new offices get 1 year L-1 approvals to start, then need extension).
The L-1 is a dual intent visa, meaning you can pursue permanent residence (a green card) without jeopardizing your L-1 status. This is important - unlike some visas (like the F-1 student or J-1 exchange visa) which require proving nonimmigrant intent, the L-1 allows you to have immigrant intent. So applying for a green card while on L-1 will not be held against you during visa renewals or at the airport.
Duration: L-1A visas can be held for up to 7 years total. L-1B visas for up to 5 years total. They are granted in increments (usually an initial 3 years, then extensions of 2 years, etc., up to those limits).
Family: L-1 visa holders can bring their spouse and children on L-2 visas. L-2 spouses can currently get work authorization in the U.S., which is a great benefit.
Typical scenario: A common use of L-1 is for a multinational tech company to bring a manager from its India office to lead a team in the U.S. Another example is a startup founder who set up a company abroad and now wants to expand to the U.S. - they establish a U.S. entity (subsidiary) and transfer themselves as an executive via L-1A. We at Gale often assist clients in that “new office L-1” scenario.
Now, once you’re on an L-1, how do you get a green card? Let’s explore.
The route from L-1 visa to green card typically involves employment-based immigrant visa categories. The two main categories relevant to L-1 holders are:
Let’s break these down:
What is EB-1C? It’s a sub-category of the employment-based first preference (EB-1) immigrant visas. It is intended for multinational executives and managers who have been employed abroad and are now employed in the U.S. in a managerial/executive role - essentially a parallel to the L-1A criteria. The requirements for EB-1C are very similar to L-1A:
The big advantage of EB-1C: No PERM labor certification required. This means the employer does not have to advertise the job or go through the lengthy Department of Labor process to prove no U.S. worker is available. EB-1C allows a direct filing of an immigrant petition (Form I-140) with USCIS. It’s a faster and more straightforward route to a green card for eligible L-1A holders.
Process: The U.S. employer (petitioner) files an I-140 immigrant petition under EB-1C for you. Once that is approved (and assuming your priority date is current - more on priority dates below), you can file for Adjustment of Status (I-485) if you’re in the U.S., or go through consular processing for an immigrant visa if you’re abroad. As an L-1, you can typically do Adjustment of Status within the U.S., allowing you to stay here while the green card is processed.
Timeline: EB-1C processing times vary. I-140 petitions could take 6-12 months on average, unless premium processing becomes available for EB-1C in the future (currently, premium processing is not available for EB-1C as of 2025). After I-140 approval, the I-485 stage might take another ~6-12 months (for some, it can be faster, especially if priority dates are current and local USCIS offices aren’t backlogged). During the I-485 stage, you and your family can obtain work and travel permits (EAD and AP). So realistically, one could go from L-1A to green card in roughly 1.5 to 2.5 years, if all goes smoothly and visas are available.
Important: Priority Dates and Backlogs: The EB-1 category is typically current (no wait) for most countries, but in recent years, India and China have experienced backlogs in EB-1 due to high demand. For example, as of March 2025, the Final Action Date for EB-1 India is February 1, 2022. This means an Indian national’s EB-1C petition approved now (2025) might have to wait a few years before they can actually get the green card (i.e., their I-485 can’t be approved until their 2025 priority date becomes current, which might be a 2-3 year wait given the cutoff). In contrast, EB-1 is current for all other countries (so non-Indian/Chinese L-1As can often get the green card very quickly once I-140 is approved). If you are Indian, this is a crucial factor in planning - you likely want to start the EB-1C process as early as possible so that you can get into the queue.
Example: Rajesh is an Indian national on L-1A in the U.S. since 2023, managing a product team. His company starts his EB-1C process in 2025, and it gets approved in 2026 with a priority date of, say, June 2026. If EB-1 India is still backlogged to 2022-2023 dates at that time, he may have to wait perhaps 2-3 more years (maybe until 2028 or 2029) for his priority date to become current to get the final green card. During this wait, he can extend L-1A to the max of 7 years (till 2030 in his case) and use his pending I-485 status to stay beyond L-1 if needed. So it’s manageable, but it’s a waiting game. Meanwhile, someone from France on L-1A could get EB-1C approved and green card in hand by 2026, since EB-1 is current for them (“C” for all chargeability except India/China).
The EB-1C path is generally considered the best way for L-1A holders to get a green card because it aligns perfectly with their role and bypasses the labor certification. If you’re on L-1A, you should absolutely discuss EB-1C with your company and immigration lawyer. It’s often a no-brainer if the company is willing and eligible.
If you are on an L-1B (specialized knowledge), the EB-1C category is typically not available to you because you are not a manager or executive. (One strategy some use: try to get promoted to an L-1A managerial role and then do EB-1C, but that depends on the company structure and opportunity.)
For L-1B holders, or L-1A who can’t use EB-1C, the path to a green card often goes through the PERM labor certification process under EB-2 or EB-3:
PERM Labor Certification: This is a process where the employer must advertise the position and go through recruitment to prove to the Department of Labor that there are no qualified U.S. workers available for the role, thus justifying hiring the foreign national permanently. It’s a time-consuming process (can take 12+ months just for the recruitment and labor certification approval). Once PERM is approved, the employer can then file an I-140 immigrant petition in EB-2 or EB-3.
Green Card Wait Times: The downside for Indian nationals here is the EB-2 and EB-3 categories for India are severely backlogged. For instance, as of March 2025, EB-2 India has a Final Action cutoff of Dec 1, 2012 and EB-3 India is Feb 1, 2013! That’s ~12+ years behind the current date. This means if you’re Indian on L-1B and start a PERM now, you might wait a decade or more for a green card unless the laws change to alleviate the backlog. This is a major challenge and often a reason Indian L-1B holders look for alternatives (like switching to H-1B because H-1B allows extensions beyond 6 years if the green card process is started - see below).
For nationals of other countries (not India or China), EB-2/EB-3 is usually current or only slightly backlogged, so an L-1B could get a green card in perhaps 2-3 years through PERM.
Maintaining Status During the Wait: The L-1B maxes out at 5 years. If your green card process (PERM/I-140) is not complete by then, you cannot extend L-1B beyond 5 years, even if you have an approved I-140. This is different from H-1B: H-1Bs can extend beyond 6 years if a green card process is pending/approved (under AC21 provisions). But L-1s don’t have that statutory provision. So L-1B holders from severely backlogged countries (India, China) often convert to H-1B status after reaching 5 years so that they can continue extending H-1B indefinitely while waiting for the green card. This typically involves the employer entering them in the H-1B lottery or if cap-exempt options exist.
Alternatively, some L-1B holders leave the U.S., work abroad for a year, and then come back on a new fresh L-1 or H-1B if possible, to reset the clock. But these are complex maneuvers. The key point: If you are an L-1B from India and your company is willing to sponsor a green card, you should start that process very early (as soon as possible) so that maybe you can get to at least I-140 approval by year 5. An approved I-140 (but waiting for a priority date) doesn’t allow L-1 extension, but if you switch to H-1B, that approved I-140 will allow 3-year H-1B extensions beyond 6 years. Many people do this combination.
Example: Sanjana is on L-1B (Indian nationality). She came to the U.S. in 2021. Knowing the EB-3 backlog, her employer started a PERM in 2022. PERM approved 2023, I-140 in EB-3 approved 2023 - priority date October 2023. But the EB-3 India cutoff is 2013, so she has a long wait. In 2026 (her 5th year on L-1B), she cannot extend L-1B further. So in 2025, her company entered her in the H-1B lottery and she luckily got selected, switching her status to H-1B in 2026. Now with an approved I-140, in 2029 when she hits 6 years of H-1B, she can extend H-1B for 3-year increments indefinitely until her priority date becomes current (perhaps in the early 2030s). Eventually, she got her green card, but the interim involved switching from L-1B to H-1B. This illustrates why planning is crucial.
For L-1A holders from India who miss out on EB-1C (or EB-1C is also backlogged albeit only by ~3 years vs 12), they might also consider filing PERM EB-2 as a backup. It’s possible to pursue multiple paths.
While EB-1C and PERM (EB-2/3) are the main routes, don’t forget:
Q: Can L-1 visa holders apply for a green card? A: Yes. L-1 visa holders are allowed to pursue permanent residency. In fact, L-1A executives/managers have a dedicated green card category (EB-1C) which is often a straightforward path to a green card. L-1B specialized workers can also apply for green cards, typically through the EB-2 or EB-3 categories with PERM labor certification. The key is that L-1 is a dual intent visa, so simply applying for a green card will not jeopardize your L-1 status or visa renewals. Many people go from L-1 to green card each year, as it’s a common corporate-sponsored route to retain international talent long-term.
Q: How long do I have to be on an L-1 before applying for a green card? A: There’s no set minimum time you must be on L-1 status before starting the green card process. The main timing consideration is the 1 year abroad requirement: you must have worked abroad for the company for 1 year before you can qualify for L-1 (and by extension EB-1C). But if you already meet that and you’re here on L-1, a green card process could be started as soon as the company is ready to sponsor you. Practically, many employers wait at least a few months or a year to see how the transfer goes before committing to a green card process, but it’s not a legal requirement. For EB-1C, remember the U.S. entity should ideally be active for ≥1 year before applying. For PERM, there’s no one-year rule, just that the process itself takes time. So, you can initiate PERM even shortly after arriving on L-1B. Keep in mind your L-1 time limits (5 or 7 years) - starting the process early can be wise, especially for nationalities with backlogs.
Q: Do I need to switch to H-1B from L-1 to get a green card? A: Not necessarily. You can go directly from L-1 to a green card. Many people do - especially if they can complete the process within their L-1 time. For L-1A EB-1C cases, it’s common to remain on L-1A until the green card is approved (within 2-4 years, which is within the 7-year max). However, as discussed, if you’re in a situation where the green card will take longer than your L-1 validity (like an L-1B or any case with long priority date waits), switching to H-1B can be a strategy to buy more time. H-1B allows extensions beyond 6 years with a pending green card process (AC21 law), whereas L-1 does not. So some L-1 holders change status to H-1B if necessary to continue waiting for the green card. But if your green card can be obtained within your L-1 stay, you don’t need to change to H-1B. In summary: It’s not mandatory to switch to H-1B for the green card, but it can be a useful strategy in certain cases (especially for Indians facing EB-2/3 backlogs).
Q: What about L-2 spouses? Can they get green cards with me? A: Absolutely. When an employer sponsors the principal L-1 holder for a green card, the spouse and children (under 21) are included as derivative beneficiaries. They can file their I-485 applications along with you (or after your I-140 is approved, when your priority date is current). The green card process is essentially a family package in that sense - one primary applicant and dependents. For example, if you’re on L-1A and go through EB-1C, your spouse on L-2 and kids on L-2 will all file I-485s and get green cards at the same time as you. It’s important to maintain their L-2 status (or other status) until they get the green card, but usually that’s managed by extending the L-1 and L-2 as needed.
The route from L-1 to green card typically involves employment-based immigrant categories. The two main pathways are:
EB-1C is an immigrant visa category that closely mirrors the L-1A. It’s for multinational executives and managers who have worked abroad and in the U.S. in a managerial capacity. If you’re on L-1A, this is your most straightforward green card option because no labor certification (PERM) is required. The U.S. company can file an I-140 petition for you once it has been actively doing business for at least one year. You’ll need to show the same basic facts as your L-1A: 1+ year abroad in a managerial role, and a qualifying corporate relationship between foreign and U.S. entities.
Timeline: EB-1C processing can take several months for the I-140 petition. After approval, you file Adjustment of Status (I-485) if a visa number is available. For many countries, EB-1 is current (no wait) so you can often file concurrently and get a green card within a year or two. If you’re from India or China, there might be a wait (for example, as of 2025 EB-1 India had a cutoff in 2022, implying a ~3 year wait). Even so, the wait in EB-1C is usually much shorter than in EB-2/EB-3 for those nationalities.
Benefit: You can remain on L-1A status during the process (and even beyond the 7-year limit, by switching to a pending I-485 status if needed). Many L-1A holders get their green card via EB-1C well before their L-1A maxes out.
If you’re on L-1B (specialized knowledge), you likely don’t qualify for EB-1C. Instead, your employer would sponsor you through the standard PERM labor certification process for EB-2 or EB-3, depending on your role and qualifications. This involves proving no qualified U.S. workers are available for your job by conducting recruitment. After PERM approval, an I-140 petition is filed.
Timeline: PERM + I-140 can take 1-2 years. The big issue is priority date backlogs. For example, if you’re from India, EB-2 and EB-3 backlogs are over a decade long, far exceeding L-1B’s 5-year limit. This is why many Indian L-1B holders eventually switch to H-1B status to take advantage of H-1B extensions beyond 6 years (since L-1 can’t be extended beyond 5 without a green card). It’s a common strategy: start the green card on L-1B, then change to H-1B status through the cap or via an employer transfer, allowing continued extensions while waiting for the green card.
If you’re from a country with no backlog, you could complete EB-2/3 within your L-1’s timeframe. But Indians/Chinese nationals on L-1B need careful planning (see example of Sanjana in the previous section).
In some cases, L-1B holders try to get promoted to L-1A, then use EB-1C. This can work if the corporate situation allows and you spend at least a year in a managerial role. It’s worth discussing with your employer and attorney if you’re on L-1B but potentially moving into management.
Q: Can L-1 visa holders apply for green cards? A: Yes. The L-1 is dual intent, meaning pursuing a green card is allowed. L-1A executives/managers often use the EB-1C category (no PERM needed) to get a green card. L-1B specialized workers typically go through PERM-based EB-2 or EB-3 petitions. In either case, you (and your employer) can start the green card process while you’re on L-1. Being on an L-1 will not hurt your green card application; in fact, it’s a common path. Just be mindful of timing so your status doesn’t expire before you can adjust to a green card.
Q: How long does it take to go from L-1 to green card? A: It varies widely:
Q: Do I have to stay with the same employer for the green card? A: Generally, yes, at least through the critical stages. The employer sponsoring your EB-1C or PERM is offering you a future permanent position. If you leave that employer during the process, the petition can’t proceed (and you’d need a new employer to start over). After your I-485 has been pending 180 days, there is some flexibility under the “AC21 portability” rule to change jobs to a similar position with another employer, but this should be done carefully with lawyer guidance. For EB-1C specifically, changing employers is tricky because the basis is your multinational role at that company. In short, plan to stay with the sponsoring company until you get the green card. If you must change, consult an attorney to see if porting the case is possible or if a new filing is required.
Q: What about my L-2 spouse and kids? A: They are included in the green card process as dependents. When your employer files the I-140 (or EB-1C) for you, your spouse and children don’t get petitions at that stage, but when you apply for Adjustment of Status (I-485), they each file their own I-485 as your derivatives. They will receive green cards at the same time as you. It’s important that they maintain valid L-2 status (or another status) until they can file I-485 and get its benefits. Once the I-485 is pending, your spouse can also get an interim work permit (although L-2 spouses already can work incident to status as of recent rules).
Q: My L-1B is expiring and my green card is not done. What can I do? A: This is a common challenge. Options:
Q: Is it easier to get a green card via L-1 or H-1B? A: One isn’t inherently “easier” in terms of approval - both are common routes to employment-based green cards. The process and categories used are what differ:
Transitioning from an L-1 visa to a green card is a well-trodden path for international executives and professionals. With careful planning, the L-1 visa can be a springboard to U.S. permanent residency. L-1A holders enjoy a streamlined EB-1C process, while L-1B holders may navigate the longer PERM route (and sometimes leverage H-1B status to bridge lengthy waits). The journey can be complex, especially given backlogs and legal nuances, but the reward - a U.S. green card - is often worth the effort.
Every case is unique. Factors like your role, country of origin, company’s structure, and career plans will influence the strategy. It’s crucial to work closely with your company’s immigration counsel or seek your own immigration lawyer to map out the optimal plan.
Gale has extensive experience assisting L-1 visa professionals in securing green cards. Whether it’s preparing a strong EB-1C petition package or managing a PERM labor certification for a specialized employee, we bring a strategic, regulation-based approach to maximize success. We understand the stakes - for you and your family’s future - and we guide you with clarity and compassion through each step.
If you’re considering your next move from L-1 to green card, or you want to explore your options, we’re here to help.
© Copyright 2025, HRR Technologies, Inc. All rights reserved.
Disclaimer: Gale is not a law firm and nothing on this website is to be considered legal advice, including resources and guides. Blank immigration forms are available, with instructions, for free at the USCIS website. Communications between Gale and you are governed by our Privacy Policy and Terms of Service, but are not covered by the attorney-client privilege. All legal services are provided by independent contracted attorneys and are subject to an attorney-client agreement.