If EB-5 investment immigration is the most convenient way to immigrate to the U.S., then the L-1A visa is arguably the fastest. After a quick four-month entry into the U.S., transitioning from an L-1A visa to a green card can be achieved through normal business operations. Today, we will introduce how to process the transition from a U.S. L-1A visa to a green card.
First, investment immigrants can rely on a domestic company to establish a subsidiary or branch in the U.S. through investment or acquisition, which allows them to apply for an L-1A work visa to move to the U.S. Once the subsidiary or branch has been operating well for more than a year, the L-1A visa holder can apply to transition to EB-1C status, thereby immigrating to the U.S. This is currently the most sought-after immigration pathway; it has a short cycle, zero risk, and allows for profit-making and expansion into the U.S. market, while conveniently obtaining a green card.
Clarifying Two Concepts: L-1A and EB-1C
The L-1A is a non-immigrant visa, specifically for multinational company executives and managers. If the visa holder does not apply for a green card, they can work in the U.S. for up to 7 years by applying for extensions. (Although it is a non-immigrant visa, it allows the applicant to have immigrant intent.)
The EB-1C is a green card category specifically designed for senior executives and managers transferred to the U.S. by multinational companies. Beneficiaries of the EB-1C green card, including executives and their families, can become permanent residents of the United States.
Detailed Analysis of the Transition from L-1A to EB-1C
Classic Model:
① The domestic parent company establishes a new company in the U.S. and sends an executive to manage it. The executive uses an L-1A visa to enter the U.S. to prepare for the new company.
② One year after the new U.S. company is established, if the scale of development meets the requirements for an EB-1C application, the executive can apply for an EB-1C directly.
For a new company applying for an L-1, there is no profit requirement in the initial stage of establishment in the U.S. As long as it is operating normally, maintaining employees, and keeping a three-tier organizational structure (at least three tiers are required to support an executive position; the L-1A holder must be a senior management talent), employees can be part-time. As long as the operations during the period do not differ significantly from the initial business plan, the visa can be easily renewed.
A major advantage of the L-1A is the ability to enter the U.S. quickly and have the whole family enjoy green card benefits. It is also a shortcut for entrepreneurs to develop in the U.S. and apply for immigration. There are no industry restrictions or investment amount requirements for the L-1A. For those without a multinational company in the U.S., they can apply quickly just by establishing a new company. One company can apply for multiple executives simultaneously.
For example, if a company establishes a U.S. entity and applies for an L-1A visa for Executive A, and subsequently Executive B uses the same company to apply for an L-1A, Executive B does not need to establish a new company to apply. Applying for two people simultaneously does not increase the requirements for the domestic or U.S. companies.
The basic requirement for transitioning to a green card is an annual turnover of $400,000 to $600,000 (this varies slightly by industry; specific industries require specific analysis). Once the U.S. enterprise has developed a three-tier organizational chart and hired approximately 10 employees, an EB-1C green card application can be submitted after holding the L-1 visa for one full year.
Of course, if the Chinese parent company directly acquires an established and capable U.S. company, the senior managers of the Chinese parent company can directly process an EB-1C to apply for and obtain a green card.
Successful Case of L-1A to EB-1C Transition
Applicant: Executive and Founder of a company
Industry: Agricultural product processing
Number of employees: 15
Company turnover: 5-6 million RMB
The applicant's company had been established in China for over 5 years with stable turnover. The business focused on agricultural product processing, with primary partners in both North America and China. Wishing to better serve clients in both major markets by leveraging U.S. markets and technology, the client decided to establish a business in the U.S. to further company development. Simultaneously, by applying for the L-1A visa, the client's wife could accompany their young daughter to study in the U.S. The client chose a low-tax state, Texas, for the company address. After selecting the location, they began preparing the L-1A application, which took only four months from application to receipt of the L-1A visa.
Of course, obtaining the L-1A visa was not the ultimate goal for most clients. Considering the sustained development of the U.S. company and the desire for U.S. status, obtaining a permanent green card was the client's true objective. The client began considering the EB-1C process when the U.S. company was nearly one year old. After consulting on the application requirements and combining them with their company's situation, the attorney felt very confident, as the client's company had maintained a positive profit status.