Can I Start a Green Card Application While on an H-1B or L-1 Visa in the United States?

If you are working in the United States on an H-1B or L-1 visa, you may be wondering whether you can take the next step toward permanent residency by applying for a green card. The good news is that many visa holders in these categories are in a good place to pursue lawful permanent resident status, but the process involves multiple steps, strict timing rules, and important legal considerations. Continue reading for more information and consult with a knowledgeable New York City employment visa attorney today.

What Are H-1B and L-1 Visas?

The H-1B and L-1 visas are two common non-immigrant classifications used by U.S. employers to hire or transfer foreign workers.

The H-1B visa is for professional workers in specialty occupations, which generally require a bachelor’s degree or its equivalent. These occupations are often in fields like technology, engineering, medicine, and academia. H-1B status is often granted for three years and can be extended up to a maximum of six years, though exemptions exist.

The L-1 visa is for intracompany transferees. It allows a foreign company to transfer an executive, manager, or specialized knowledge employee from an affiliated foreign office to one in the United States. The L-1A category is for executives and managers, while the L-1B category is for those with specialized knowledge. L-1A status can last up to seven years, and L-1B up to five years.

Can I Start a Green Card Application While on an H-1B or L-1 Visa?

Yes, you can initiate the green card process while holding either an H-1B or L-1 visa. This is a common path for foreign workers seeking lawful permanent residence status.

The H-1B visa is one of the primary non-immigrant visas that explicitly recognizes dual intent. Dual intent means the U.S. government accepts that an H-1B holder may have the intention to temporarily work in the U.S. (non-immigrant intent) and simultaneously pursue permanent residency (immigrant intent). This allows H-1B holders and their sponsoring employers to start the green card application process without jeopardizing the H-1B status.

Like the H-1B visa, the L-1 visa also recognizes dual intent, meaning holders can pursue permanent residency without violating their nonimmigrant status.

Consulting with an attorney is key to a successful transition, as they can aid in managing the timing and documenting filings correctly. Reach out to a skilled professional at the Law Office of Cheryl R. David today.