This article discusses the most popular options to go from L1A to green card without employer.
L1A visa allows executives and managers of multinational companies to transfer to a US branch, affiliate, subsidiary or parent. But what if your long-term goal is permanent residency? The good news is, transitioning from L1A to a green card is possible, even without employer sponsorship.
This article explores some of the available options and guides you through the process.
Why get a Green Card Without Employer Sponsorship?
There are several reasons why an L1A visa holder might seek a green card without employer:
Employer Dependence: An L1A visa ties your status to your employer. A green card (permanent residency) grants freedom to pursue new opportunities without jeopardizing your immigration status. This includes changing employers or starting a business.
Long-Term Plans: If you envision building a life in the US, a green card is a crucial step. It allows you to sponsor family members for immigration and provides greater stability for you and your family.
Employer Uncertainty: Company restructuring or changes in leadership could lead to layoffs and impact your visa status. A green card offers you a peace of mind for you and your dependent family members.
Can an L1A get a green card without an employer?
L1A visa holder can get a green card without an employer. The traditional path from an L1A to a green card involves employer sponsorship through the PERMEB-3 or EB-2 professional categories.
However, L1A holders have alternative options to obtain a green card without employer:
EB-1 Extraordinary Ability (EB-1A): This category is for individuals with extraordinary ability in the sciences, arts, education, business, or athletics. Meeting the criteria requires extensive documentation showcasing your achievements, awards, recognition from peers, and contributions to your field.
EB-2 National Interest Waiver (NIW): This option applies to individuals whose proposed work is considered beneficial to the US in a national interest context. You need to demonstrate that your proposed endeavor has substantial merit and national importance, and that waiving employer sponsorship is in the national interest of the United States. To qualify for EB2NIW, you must possess advance degree (or equivalent) or exceptional ability in the sciences, arts, or business. If you qualify based on education, you must have an advanced degree (Master, Ph.D. or professional degrees) or Bachelor’s degree and five years of progressive experience. If you qualify based on experience, you must prove exceptional ability.
EB-5 Immigrant Investor: The EB5 green card program grants a green card to foreign nationals who invest $1,050,000 ($800,000 if in rural or high unemployment area) in a US commercial enterprise or Regional Center, creating 10 full-time permanent jobs. For Canadian citizens, visit EB5 visa for Canadian citizens.
Choosing the Right Path: EB-1A, EB-2 NIW, or EB-5?
The best option for you depends on your individual circumstances. However, below is a breakdown to consider:
EB-1A Extraordinary Ability: This option is ideal for individuals with a proven track record of excellence in their field. Requires strong evidence of achievements and recognition.
EB-2 National Interest Waiver: Suitable for individuals whose work holds significant national importance. Individuals must possess advanced degree (or bachelor degree plus five years progressive experience) or exceptional ability. Demonstrating the impact of your work and the limitations of employer sponsorship is crucial.
EB-5 Immigrant Investor: A viable option for those with substantial capital to invest is the EB-5 green card program. You must consider the investment amount, job creation requirements, and inherent risks involved. Visit Is EB5 visa risky?to learn more.
L1A to Green Card Application Process
The specific process varies depending on the chosen category (EB-1A, EB-2 NIW, or EB-5). However, some general steps apply:
Consultation with an Immigration Attorney: An experienced immigration lawyer can assess your eligibility for each category, guide you through the specific requirements, and help gather supporting evidence.
Petition or Application Filing: This involves submitting the necessary forms and documentation to USCIS (EB-1A/EB-2 NIW) or investing capital in a US business or through a USCIS-approved EB5 regional center program (EB-5).
Adjustment of Status or Consular Processing: You can apply to adjust your status while in the US (if eligible) or through consular processing at a US embassy/consulate abroad. For certain visa categories, you can file a concurrent application, meaning you submit both your immigrant petition and your adjustment of status application together.
Interview and Green Card Issuance: Once your application is approved, you attend an interview at a US Consulate abroad. Upon successful completion, you receive an immigrant visa. After arriving to the United States, you receive your green card. For adjustment of status applications, USCIS generally waives interviews in employment-based (EB-1A, EB-2NIW) and investment-based (EB-5) green card categories. To learn more about green card issuance, visit Adjustment of Status vs. Consular Processing.
Important Considerations
Processing times: Processing times can vary depending on the workload at USCIS and the chosen category. You can consider premium processing for expedited petitions (additional fee applies).
Legal Representation: Immigration law is complex. Consult with an experienced immigration attorney to significantly improve your chances of success and avoid costly mistakes.
Malescu Law can assist
Transitioning from L1A to a green card without employer sponsorship requires careful planning. By understanding the available options (EB-1A, EB-2 NIW, and EB-5) and the application process, you can take a proactive step towards securing your permanent residency in the United States.
Navigating the L1A visa to green card process can be daunting, but our experienced business immigration lawyers in Miami, Florida USA are here to guide you every step of the way.
We serve individuals and companies throughout the United States across all 50 states, the District of Columbia and Puerto Rico.
Legal Notice: The information provided in this article constitutes the author’s conclusions and opinions developed in the author’s capacity as a Board Certified attorney, licensed in the State of Florida. The author and this website expressly prohibit the use of this material, including any of our audio, video, chat, images, text or other information provided to train any artificial intelligence (AI) models or to be used or transmitted by such AI models in any form without the prior written permission of the author.
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About Anda Malescu
Anda Malescu is a US immigration lawyer and Florida Bar Board Certified Expert in International Law. A member of the elite category of Florida Bar lawyers recognized for her exceptional knowledge, skill and professionalism, she advises US and international clients, including investors and entrepreneurs, on business immigration and corporate law matters. She holds a JD degree from University of Miami School of Law and a Master's degree in Economics and Business from Erasmus University Rotterdam in the Netherlands. She is a member of the Florida Bar.
