L‑1A to EB‑1C: When and How to Start the Green Card Process

An L-1A approval can help support an EB-1C Green Card, but it does not guarantee approval. The two filings are separate. The employer files a new Form I-140, and USCIS evaluates it as its own petition.

By treating the L-1A and EB-1C as separate processes, employers and transferees can better time the EB-1C filing and gather the evidence needed to establish eligibility.

Does an L-1A automatically qualify the beneficiary for EB-1C?

USCIS recognizes that a prior L-1A approval may be relevant when it reviews an EB-1C petition. However, an approved L-1A does not automatically qualify someone for an EB-1C.

The EB-1C Green Card carries additional requirements that the beneficiary and employer must meet. These include:

• The L-1A employee must have worked for the company's international entity abroad for one year in the three years prior to the EB-1C filing.
• The beneficiary's role must be primarily managerial or executive when Form I-140 is filed.
• The employer must have been doing business for at least one year.
• The employer must show it can continuously pay the offered wage from the filing date until the beneficiary gets their Green Card, unless it has 100 or more workers and can submit a financial officer's statement instead.

For a full side-by-side of the two classifications, see the differences between L-1A and EB-1C.

When is the right time to begin the L-1A to EB-1C process?

An employer does not need to wait until every EB-1C requirement is fulfilled to start preparing. Two questions can help determine whether the case is moving in the right direction:

• Can the employer support the petition? The U.S. business has been operating for at least one year and can show it has the financial resources to pay the employee's wage on an ongoing basis.
• Is the beneficiary's record documented the way the EB-1C requires? The beneficiary's year abroad was in a managerial or executive capacity, with responsibilities that have moved beyond hands-on work.

Preparation can begin well before the petition is filed. Documenting the beneficiary's role and responsibilities, as well as the employer's operations, early on can help build a strong EB-1C case.

Is the company ready to sponsor?

Before starting the EB-1C process, the U.S. employer should be able to document:

• At least one year of doing business: The U.S. company has been conducting business for at least one year.
• Financial ability: The company has financial records supporting its ability to pay the offered wage.
• A qualifying managerial or executive role: The organizational structure supports a genuine managerial or executive position, with appropriate subordinates, decision-making authority, and duties that are primarily managerial or executive rather than hands-on operational work.
• A qualifying corporate relationship: The qualifying relationship between the U.S. employer and the foreign entity remains intact, even after a restructuring or acquisition.

Is the L-1A transferee's record ready?

The L-1A record can provide a strong foundation for an EB-1C petition, but the employer may need additional documentation to show that the EB-1C requirements are met. Here's what the transferee's record should include:

• Qualifying relationship: The qualifying relationship is the corporate connection between the U.S. employer and the foreign company where the worker served as a manager or executive — typically a parent, subsidiary, affiliate, or branch.
• Foreign employment history: The record should show at least one year abroad in a managerial or executive role, with the nature of the position and its duration clearly documented.
• U.S. role: If the transferee initially worked in a new-office or hands-on role, the record should demonstrate how the position developed into one that is primarily managerial or executive.

Can the beneficiary pursue EB-1C if the role, company, or employment changes?

The path from L-1A status to EB-1C isn't always linear. A change in the beneficiary's role, the company's ownership or structure, or the beneficiary's employment can raise questions about whether the EB-1C requirements are still met. Here's what to consider in each situation.

The U.S. company is acquired or restructured

What changed: A merger, acquisition, spin-off, or sale changes the petitioning entity, its ownership, or its relationship with the foreign employer. Manifest's M&A immigration guide for employers covers how corporate transactions affect a sponsored workforce more broadly.

What USCIS examines: Whether the petitioner and qualifying multinational relationship still meet the EB-1C requirements when the I-140 is filed and while USCIS reviews the petition. To make that determination, officers may examine whether the U.S. petitioner still exists, whether the relationship between the U.S. and foreign companies remains intact, whether the offered role is still as described in the petition, and whether the business continues to operate and can pay the offered wage.

What usually happens: Whether the EB-1C process may continue when a new company takes over the original company depends on the structure of the company after the merger or acquisition takes place. The U.S. employer generally must remain a qualifying multinational employer related to the foreign entity through the Green Card process.

The transferee's role changes

What changed: A promotion, lateral move, or reorganization within the qualifying organization.

What USCIS examines: Whether the position remains primarily managerial or executive, based on the beneficiary's actual duties rather than their title. Officers may consider factors such as the employees they supervise, the discretion they exercise, and how much of their work involves hands-on tasks.

What usually happens: A promotion can support the petition if the new position remains primarily managerial or executive. A shift toward hands-on production work, routine first-line supervision, or a specialized-knowledge role can make the beneficiary ineligible for EB-1C. That's because they must be coming to the U.S. to work primarily in a managerial or executive capacity.

In other words, the key question is whether the new role is still primarily managerial or executive in practice.

How does the L-1A to EB-1C process work?

Once the employer's and beneficiary's records are ready, the L-1A to EB-1C process generally follows these steps:

• The employer files Form I-140. The petition includes the authorized official's statement, evidence of the qualifying relationship, documentation that both the foreign and U.S. positions were primarily managerial or executive, proof that the U.S. employer has been doing business for at least one year, and evidence of its ability to pay the offered wage.
• The employer considers premium processing. For EB-1C petitions, premium processing provides a 45-business-day processing timeframe, compared with 15 business days for many other eligible petitions. Some employers may go this route for a faster decision.
• The beneficiary completes adjustment of status or consular processing. Those in the U.S. usually file Form I-485 to adjust status, and can file Form I-765 for an Employment Authorization Document (EAD), while those abroad go through consular processing at an embassy or consulate; or
• The employer and beneficiary file concurrently when the priority date is current. If a visa number is available, an eligible beneficiary in the U.S. may be able to file Form I-140 and Form I-485 at the same time. They don't have to wait for the I-140 to be approved.
• The beneficiary maintains L-1A status throughout the process when possible. L-1A is a dual-intent status, so pursuing a Green Card generally does not, by itself, jeopardize L-1A status while the case is pending. The beneficiary should continue to maintain valid L-1A status.

Why filing early usually serves both the employer and the transferee

Waiting to file can make sense while the EB-1C record is still developing. The U.S. entity must have been doing business for at least one year, and the beneficiary's role must meet the EB-1C requirements. Once the case is ready, however, delaying the filing can create unnecessary pressure for both the employer and the transferee.

Several milestones may signal that it's time to consider filing, such as:

• The U.S. entity may have reached one year of doing business.
• The transferee's U.S. role may have developed into a clearly managerial or executive position.
• The seven-year L-1A limit and next extension cycle may be approaching.
• Unlike H-1B, L-1A status generally can't be extended beyond seven years based on a pending Green Card. If the seven years run out before the case is approved, the transferee may need another status or may have to leave the U.S.

Why early filing matters to the employer

For the employer, filing can help secure a priority date, support retention, and reduce the risk of having to make immigration decisions under the pressure of an approaching L-1A expiration. Starting the process earlier can also give the employer more time to address requests for evidence or changes in the business without compressing the timeline.

Why early filing matters to the transferee

For the transferee, filing can preserve more runway if the priority date is not immediately current. The employment-based Green Card process can take time, and visa-number availability can change.

An approved I-140 may also provide greater flexibility in certain circumstances because an employment-based priority date can generally be retained. By contrast, waiting to begin the process leaves less time to respond if the case encounters delays or the transferee approaches the L-1A time limit.

A company weighing when to move a transferee from L-1A to EB-1C can have Manifest review the corporate record and the transferee's role together and help map out a filing timeline.

Request a consultation with Manifest's EB-1 lawyers to get a clearer picture of where the case stands.

Frequently asked questions

Does the same employer have to file both the L-1A and EB-1C petitions?

The same employer doesn't have to file both the L-1A and EB-1C petitions. A different U.S. company within the same qualifying multinational group may file the EB-1C petition, but an unrelated employer generally cannot.

Can a new-office L-1A employer file EB-1C after year one?

In many cases, an employer can file an EB-1C petition for an L-1A employee after its first year in business in the U.S., as long as that employee has worked for one of the company's foreign entities abroad for one continuous year in the three years prior to receiving their L-1A visa. However, time spent only setting up the U.S. office, such as signing a lease or hiring staff, generally doesn't count toward the employer's one year of doing business.

Does time in L-1A status count toward the required year abroad?

The required year must be spent working abroad for the qualifying employer. For someone already in the U.S. on an L-1A, that year must have been spent abroad with the same employer or a related company, in a managerial or executive role, during the three years before entering the U.S. as a nonimmigrant.

The year abroad has to be continuous and uninterrupted. Short visits to the United States for business or personal reasons do not break the continuity of the required one year of employment abroad. However, any days spent in the United States are excluded when calculating the one-year period of qualifying employment abroad.

What happens if the L-1A reaches seven years before permanent residence?

The beneficiary must leave the U.S. and remain abroad for one year before a new L-1 petition can be approved. Brief trips to the U.S. don't interrupt that year, but they don't count toward it either. The seven-year limit also includes time in H-1B and other L-1 status, so it can arrive sooner than expected.

Can an L-2 spouse keep working during the transition?

An L-2 spouse is usually authorized to work based on their valid L-2 status and does not need to apply for a separate work permit first. The spouse can still request an Employment Authorization Document (EAD) as proof of work authorization.

Can an L-1B holder move to EB-1C?

An L-1B holder cannot move to EB-1C based on the L-1B record alone. EB-1C requires at least one year of qualifying employment abroad in a managerial or executive role. Time spent abroad in a specialized-knowledge role does not meet this requirement.

However, there are situations where an L-1B classification may have been the most appropriate option at the time of filing, even though the beneficiary also performed qualifying managerial or executive duties abroad. In those circumstances, an individual may still qualify for EB-1C classification despite having entered or worked in the United States in L-1B status, provided the independent EB-1C requirements are met.

An L-1B holder whose year abroad was in a specialized-knowledge role may still have other Green Card options, such as EB-2 or EB-3, depending on their qualifications.

Who pays for the EB-1C process?

The employer files the EB-1C petition, so the company generally pays the petition filing fees and legal costs. Costs for the later Green Card stage may vary depending on the arrangement. Manifest Law charges flat fees for each case, so the costs are clear upfront.