From L1A Executive Visa to EB1C Green Card: The U.S. Immigration Pathway for Multinational Executives

As Chinese businesses continue to expand globally, more companies are establishing branches in the United States and sending management personnel to oversee and operate their U.S. operations. The L1A Intracompany Transferee Executive Visa and the EB1C Employment-Based Green Card provide a streamlined pathway for these executives to transition from temporary work status to permanent residency. This article explores the connection between the L1A visa and the EB1C green card and outlines the key steps in the application process.

1. Introduction to the L1 Visa: The Preferred Choice for Multinational Managers

The L1 visa is a temporary work visa designed for multinational companies to transfer managers and specialized employees to the U.S. Depending on the applicant’s role, the L1 visa is divided into two categories:

• L1A Visa: Designed for managers and executives assigned to U.S. branches of multinational companies, with a maximum stay of up to 7 years.
• L1B Visa: Intended for employees with specialized knowledge, offering a maximum stay of 5 years. However, L1B visa holders are not eligible to apply for a green card through the EB1C category.

The L1 visa offers several advantages, including flexibility, a fast approval process, and a family-friendly policy—allowing spouses and children under 21 to accompany the primary applicant. Spouses are permitted to work legally in the U.S., while children can attend public schools.

2. L1A Visa Application Requirements and Process

To apply for an L1A visa, the company must have an established international structure. If a U.S. subsidiary has not yet been established, the parent company must first register and set up a branch in the U.S. The applicant must meet the following requirements:

• Be transferred from the Chinese parent company to work at the U.S. subsidiary;
• Have worked at the Chinese parent company for at least one year within the past three years;
• Hold an executive or managerial position at the U.S. company, with responsibilities that include participating in management or strategic decision-making.

Initially, the L1A visa is typically granted for one year, with extensions requiring evidence of ongoing business operations and development.

3. From L1A Visa to EB1C Green Card: Transitioning to Permanent Residency

L1A visa holders who meet certain criteria can apply for a U.S. green card through the EB1C employment-based immigration category. The EB1C green card serves as a natural progression for L1A visa holders, offering a pathway to permanent residency. The requirements for the EB1C green card include:

Applicant Requirements:

• Must be transferred by the Chinese parent company to serve as an executive or manager at the U.S. company;
• Must have held a managerial position at the Chinese parent company for at least one year within the past three years;
• Must demonstrate the intent to maintain a long-term management role in the U.S.

Employer Requirements:

• The U.S. company must be actively operating and have been in business for at least one year;
• The company must have sufficient operational capacity and a reasonable organizational structure.

Although U.S. immigration law does not explicitly require specific revenue, profits, or employee numbers, practical experience suggests the following:

• Initial L1A Application: A well-developed business plan is essential;
• L1A Extension Stage: Typically, 3-5 full-time employees are required;
• EB1C Application Stage: The business should show progress toward its business plan, with at least 10 full-time employees and evidence of economic contributions and job creation.

4. Advantages and Process of EB1C Application

As part of the EB-1 employment-based immigration category, the EB1C offers several benefits, including shorter processing times and no requirement for labor certification (PERM). This makes it particularly attractive to Chinese applicants who face long waiting periods for EB-5 or family-based immigration.

The application process typically involves the following steps:

1. Establish a U.S. subsidiary and apply for an L1A visa;
2. Once the L1A visa is approved, manage the business operations and apply for an L1A extension;
3. Upon approval of the extension, submit the EB1C green card application;
4. After the application is approved, enter the green card queue and obtain permanent residency once the priority date is current.

The process from L1A visa approval to EB1C green card application submission usually takes around three years (excluding the time spent in the green card queue).

A Flexible Path to a Solid Future

The combination of the L1A visa and the EB1C green card provides a clear and efficient pathway for Chinese businesses to send executives to the U.S. and expand into the American market. As long as the company has a strong operational foundation and the applicant meets the management experience and job role requirements, transitioning from an L1A visa to an EB1C green card can be a smooth process, paving the way for significant career and life advancements. If you are planning your company’s international expansion or considering immigration to the U.S. through the L1A and EB1C pathways, please contact us for professional guidance and comprehensive support.

Relative Reading: USCIS L-1A Intracompany Transferee Executive or Manager