What is an L-1A visa? What is an EB-1C visa? What is the relationship between the two? We also provide answers to some frequently asked questions to reveal how you can immigrate to the United States using an L-1A visa.
1. What is an L-1A Intracompany Transferee Executive or Manager Visa?
The L-1 visa is a temporary work visa suitable for various types of Chinese enterprises conducting business in the United States (multinational corporations) that need to dispatch or transfer managers or employees with specialized knowledge to work in the United States.
The L-1 applicant is transferred by a Chinese parent company or headquarters to work at a U.S. branch or subsidiary. If there is no branch or subsidiary in the United States, the parent company or headquarters must begin by establishing one. Chinese enterprises need to set up branches in the United States, and personnel dispatched to the U.S. can use either L-1A or L-1B visas. The L-1A is issued to managers or executives transferred to a U.S. branch, with a maximum stay of up to 7 years in the United States; the L-1B is issued to specialized personnel, with a maximum stay of up to 5 years in the United States (L-1B holders cannot apply for a green card through EB-1C, so it is not the focus of this article).
L-1A holders and their immediate family members are permitted by law to be accompanied by their spouses and unmarried children under the age of 21. Their family members can work in the United States, and children can enjoy free public education benefits.
The L-1A visa is a non-immigrant work visa at the time of application. However, according to relevant provisions of U.S. immigration law, the L-1A visa is a "Dual Intent" visa (meaning it allows for both immigrant and non-immigrant intent). Holders and their families can transition to immigrant status within a certain period to directly obtain U.S. permanent residency. During the visa application process at a consulate, a consular officer may not deny the visa on the grounds that the applicant has immigrant intent, as the L-1A visa category grants the applicant the freedom to either immigrate or not immigrate under immigration law.
Once an L-1A work visa holder meets the requirements (primarily performance and employee requirements), the method for applying for a green card is known as EB-1C under U.S. immigration law.
2. What is an EB-1C Visa?
EB stands for Employment-Based Immigration. The EB-1C visa is a category within EB-1, specifically designed for multinational managers and executives. Like the L-1A work visa, this visa requires a U.S. company to act as the petitioner, with the beneficiary being a foreign manager/executive. Furthermore, the foreign executive must have worked for the overseas parent company for at least one year within the three years prior to coming to the United States. However, unlike the L-1A non-immigrant work visa, it is an immigrant visa intended for obtaining U.S. permanent residency (a green card). Therefore, an EB-1C green card application is an employment-based immigration petition and is the primary way for foreign managers and executives to obtain a green card.