Dr. William:

I am currently on L-1A visa status and on my 7th year of stay in USA. I heard that L-1A does no need Labor Certification, and is eligible to apply for I-140 Green Card application as multinational executive, if the visa dates are available. It this true?

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Answer:

It is true that the corporate executive or manager of the multinational corporations does not need a Labor Certification for their Green Card application, if they meet certain conditions, and the visa classification is L-1A. 

There are two types of people who are currently in L-1A visa status in the U.S. One is those who were granted a L-1A status from the beginning, because of their executive or managerial experience at least for one year with the foreign parent or subsidiary or affiliate company. These L-1A holders can apply for I-140 Green Card application in the EB-1C category, without a Labor Certification.

The second group is those who did not meet the L-1A visa requirement at the time they first came to the U.S. but because of the promotion to an executive or a managerial position for six or months in the U.S. parent or subsidiary or affiliate company, they were allowed to change status to L-1A. But these L-1A holders can not apply for I-140 Green Card application in the EB-1C category, and may need to apply for the Labor Certification first.

 

 

 

 

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