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Adjust Status (Green Card Application): L1B Visa

The L1B visa is offered to people with “specialized skills and knowledge.” This is defined as

  • any knowledge of the petitioning company’s products, services, research, equipment, techniques, management, and their application in international markets

  • an advanced knowledge of the company’s processes and procedures

Requirements to adjust status under L1B visa:

  • work experience with a company outside U.S. for at least one of the last three years before they petition for your adjustment of status.

  • you have specialized skills or knowledge related to your work.

  • your intended U.S. employer has been doing business for more than a year.

  • Your intended U.S. employer and your foreign employer have an eligible relationship, and are willing to act on your behalf until the application process is completed.

  • Demonstrate eligibility for a green card

  • Present evidence of any criminal convictions

  • Forms G325A, I-693, I-864, I-765, and I-131 as relevant

  • Two passport color photos taken within 30 days of submission

  • Copy of birth certificate with english translation if needed

  • Copy of nonimmigrant visa page in your passport

  • Present thorough additional documentation as needed to prove the circumstances of your application.

  • Application fee, fingerprinting fee

Steps

  • PERM labor certification process (can take years)

  • Employer files Form I-140 on your behalf

  • Apply for EB-2 or EB-3 immigrant visa

Notes:

  • The L1B visa is valid for up to five years including extensions.

  • Under L1B you can work part time and there are no wage requirements.

  • Dual intent rule doesn’t apply to L1B visa, so you don’t have to prove your intent to return to a country of origin at end of visa. Visa holders can apply for permanent residence after having entered on a nonimmigrant visa.

Need Counsel? Call Today!

Immigration law can be complicated and this article does not exhaust all the issues that could arise due to adjusting status. These issues can be extremely complex, and a single misstep could potentially lead to a deportation or other immigration penalties. If you have any questions, please do not hesitate to contact our office.

Call our law firm to consult with an immigration attorney today at: (949) 478-4936.