If you’re moving a senior leader to the U.S., you’re usually choosing between L‑1A (a fast, temporary transfer) and EB‑1C (a permanent residence path for multinational executives/managers). This guide explains the requirements, processing times, and the practical L‑1A → EB‑1C strategy—without legalese—so founders, HR, and mobility teams can pick the right path and assemble the evidence that wins.
Who Qualifies (Plain‑English)
L‑1A (Temporary)
- Employed by a foreign parent, subsidiary, affiliate, or branch of the U.S. petitioning company.
- Worked outside the U.S. for at least 1 continuous year in the last 3 years in an executive or managerialcapacity.
- Will work in the U.S. primarily as an executive/manager (not as an individual contributor).
- New office cases permitted; initial approval is often 1 year, with clear growth expectations for extension.
EB‑1C (Green Card)
- Same qualifying multinational relationship and 1‑in‑3 years abroad rule.
- Offered a permanent U.S. position in executive/managerial capacity.
- U.S. entity has been doing business for ≥ 1 year at time of I‑140 filing.
Key definitions (used in both):
- Executive capacity = sets goals and policies, broad discretion, minimal oversight.
- Managerial capacity = manages a department/function or supervises professional staff, with authority over hiring, firing, budgeting, etc.
Core Requirements
Company Relationship (Both Categories)
- Document the qualifying ownership/affiliate structure between foreign and U.S. entities.
- Show both entities are/were doing business (regular, systematic provision of goods/services).
Role & Duties
- Detailed job descriptions showing majority executive/managerial time (people leadership, strategic planning, budget/P&L, KPIs, vendor selection, etc.).
- Org charts identifying professional direct reports (titles, degrees, locations) or, for functional managers, the scope of the essential function managed.
Employment Abroad (Both)
- Evidence of 1 year abroad in a qualifying leadership role: contracts, HR letters, pay slips, performance reviews, board minutes, etc.
Processing Times & Premium Processing
- L‑1A (I‑129): Premium processing is available. Consular appointment timing varies by post.
- EB‑1C (I‑140): Premium processing available for the petition. After I‑140 approval, file I‑485 (if a visa number is current) or pursue consular processing. Overall time depends on USCIS work queues and Visa Bulletin availability by country.
Tip: L‑1A is often used to place leadership quickly while the company builds U.S. operations to meet EB‑1C expectations.
L‑1A → EB‑1C: A Practical Step‑by‑Step Path
- Place the Leader (L‑1A): File I‑129 (premium optional) to move the exec/manager into the U.S. role.
- Build the U.S. Org: Hire professional staff, delegate day‑to‑day tasks, establish budgets and P&L accountability, and capture evidence (org charts, payroll, leases, contracts, revenue).
- Hit the 1‑Year Mark: Ensure the U.S. entity has been doing business for ≥ 12 months.
- File EB‑1C (I‑140): Premium processing optional. Include robust evidence of sustained executive/managerial capacity.
- Pursue PR: If current, file I‑485 (with EAD/AP) or do consular processing abroad.
Evidence Checklists (What Wins)
Shared Evidence (Both L‑1A & EB‑1C)
- Corporate structure: cap table, share certificates, articles, bylaws, intercompany agreements.
- Doing business: financials, tax filings, invoices, contracts, payroll runs, office lease.
- Employment abroad (1 year): HR letters, contracts, pay statements, performance docs.
- Leadership role: job descriptions mapping duties to executive/managerial criteria; org charts with headcount and professional qualifications; budget/P&L authority.
New‑Office L‑1A Extras
- Business plan with hiring roadmap, revenue model, market analysis.
- Office lease, vendor contracts, initial U.S. hires (even if contractors), pipeline or signed customers.
EB‑1C Extras
- Evidence that the U.S. role is primarily strategic leadership (not day‑to‑day operations).
- Sustained organizational structure showing appropriate delegation to professional staff.
Common Pitfalls & RFEs
- Titles without substance: “VP” or “Director” is not enough—duties, authority, and staff composition matter.
- First‑line supervision only: Managing non‑professional staff generally isn’t managerial for these categories.
- Insufficient U.S. operations: Thin staffing or heavy hands‑on duties can undercut an EB‑1C.
- Functional manager issues: If no direct reports, clearly show the essential function managed and decision‑making authority.
- New office extensions: Expect scrutiny; show progress versus business plan (headcount, revenue, contracts).
FAQs:
What is an L‑1 visa?
The L‑1 allows intracompany transfers of specialized knowledge employees (L‑1B) and executives/managers (L‑1A). This article focuses on L‑1A for leaders.
How long is L‑1A valid?
Up to 7 years total (initial period plus extensions). New‑office approvals often start at 1 year.
Is the L‑1 a nonimmigrant visa? Is it dual intent?
Yes—L‑1A is nonimmigrant and recognized as dual intent, so pursuing a green card later is compatible with L‑1 status.
Can an L‑1 visa holder apply for a green card?
Yes. Many executives/managers pursue EB‑1C. Others may qualify for EB‑2/EB‑3 depending on role and credentials.
L‑1A to Green Card: how does it work?
Common path: enter on L‑1A, scale the U.S. org, then file EB‑1C I‑140 once eligible; follow with I‑485 when the Visa Bulletin is current.
Can L‑2 spouses work?
Yes. Spouses of L principals are generally employment‑authorized incident to status (check your I‑94 annotation and current policy guidance).
What are EB‑1C requirements in one glance?
- Qualifying multinational ownership/affiliate relationship.
- 1 year of qualifying employment abroad in the last 3 years.
- Permanent U.S. executive/manager role.
- U.S. company doing business ≥ 1 year.
- No PERM required.
L‑1 vs. H‑1B in one minute
L‑1A is for intra‑company executives/managers; no cap, dual intent, allows new‑office launches.
H‑1B is for specialty occupations; annual cap/lottery, not tied to a qualifying corporate relationship.
Can I transfer L‑1A to a different company?
L eligibility depends on the qualifying relationship. Moving to an unrelated company typically requires a different status (e.g., H‑1B) rather than an L transfer.
How long does processing take?
It varies by petition type, service center load, and consulate. Premium processing can expedite the I‑129 (L‑1A) and I‑140 (EB‑1C). Adjustment (I‑485) timing depends on visa number availability.
How LegalOS Helps
With 40+ years of experience and a near-100% approval rate, LegalOS combines attorney oversight with AI trained on decades of immigration cases to:
- Assess L-1A vs. EB-1C fit (free eligibility checklist).
- Assemble USCIS-ready packets (I-129 L-1A, I-140 EB-1C) and map job duties to the legal standards.
- Engineer evidence: org charts, role matrices, budget authority narratives, and business-doing-evidence.
- Track filings and timelines, including Visa Bulletin changes.
Next step: Get a consultation or start your L-1A → EB-1C plan today.
