FAQs Regarding Permanent Residency for
L-1 Visa Holders
Yes, L-1 visas allow “dual intent,” meaning that you
may apply for permanent residency without jeopardizing your L-1 visa status.
If you have L-1A visa status, you would likely
qualify for permanent residency as a
Multinational
Manager or Executive. Multinational managers or executives may
apply for permanent residency without having to apply for
labor
certification.
The requirements are similar, but not exactly the
same. In order to qualify for permanent residency as a
Multinational
Manager or Executive, the qualifying experience abroad must consist of at least one
year as a manager or executive before the transfer into the United
States. For the L-1A visa, the qualifying experience at the foreign
company could be as either a manager or executive, or as a specialized
knowledge employee. If the employee’s experience at the foreign company
was not as a manager or executive, the permanent residency petition
would require a
labor
certification. If the positions at both the foreign company and the
U.S. company are managerial or executive, the
Multinational
Manager or Executive option allows an individual to petition for permanent
residency without requiring
labor
certification.
If you have L-1B visa status, you may apply for
permanent residency but you would likely have to apply for
labor
certification.
Labor certification is the process requiring
employers to prove that there are no minimally qualified U.S. workers
available to fill the foreign national’s position. More information
about the labor certification process is available on the Peng and Weber
labor
certification page.
Yes, you may travel after applying for a green card if you are in a
valid L-1 status. You must be coming back to the United States to work
with the same employer that sponsored your L-1 visa petition. Your spouse
and children may also travel outside of the United States if they have
valid L-2 visa status.
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