There are several immigration pathways for individuals seeking permanent residency (Green Card) in the United States. These strategies fall into five main categories: employment-based, family-based, investment-based, humanitarian, and diversity lottery programs. Below is a comprehensive list of the primary immigration strategies:
1. Employment-Based Green Cards (EB Categories)
These visas are for individuals with specific job skills, expertise, or business experience.
a. EB-1: Priority Workers
• EB-1A – Individuals with Extraordinary Ability (e.g., top-tier scientists, artists, athletes, or business leaders) – Self-petition allowed
• EB-1B – Outstanding Professors & Researchers with international recognition
✅ EB-1C – Multinational Executives & Managers (for intracompany transferees, often transitioning from L-1A) (SEE BELOW)
b. EB-2: Advanced Degree Holders & Exceptional Ability
• EB-2 PERM – Requires employer sponsorship & labor certification
• EB-2 National Interest Waiver (NIW) – Self-petition option for individuals whose work benefits the U.S.
c. EB-3: Skilled & Unskilled Workers
• EB-3(a) – Skilled Workers (requiring at least two years of experience)
• EB-3(b) – Professionals (holding a U.S. bachelor’s degree or equivalent)
• EB-3(c) – Other Workers (including certain unskilled labor positions)
d. EB-4: Special Immigrants
• Religious workers (e.g., ministers)
• Employees of U.S. foreign service posts
• Certain physicians, broadcasters, and other designated groups
e. EB-5: Immigrant Investor Program
• Requires an investment of at least $800,000–$1.05 million in a U.S. business that creates 10+ jobs
• Direct investment or through a Regional Center
2. Family-Based Immigration
U.S. citizens and Green Card holders can sponsor certain relatives for permanent residency.
a. Immediate Relatives of U.S. Citizens (No annual cap)
• Spouses
• Parents (if the petitioner is 21+)
• Unmarried children under 21
b. Family Preference Categories (Limited visas per year)
• F1 – Unmarried adult children (21+) of U.S. citizens
• F2A – Spouses & minor children of Green Card holders
• F2B – Unmarried adult children (21+) of Green Card holders
• F3 – Married children of U.S. citizens
• F4 – Siblings of U.S. citizens
3. Investment-Based Immigration (EB-5)
• Minimum Investment: $800,000 (Targeted Employment Areas) or $1.05 million (other areas)
• Must create at least 10 full-time U.S. jobs
• No employer sponsorship required
• Path to citizenship in approximately 5-7 years
4. Humanitarian Green Card Pathways
a. Asylum & Refugee Status
• Available to individuals facing persecution in their home country due to race, religion, nationality, political opinion, or membership in a particular social group
• Must apply within one year of entering the U.S.
• Can apply for a Green Card after one year in asylee/refugee status
b. VAWA (Violence Against Women Act)
• Allows spouses, children, or parents of abusive U.S. citizens or Green Card holders to self-petition for residency
c. U Visa & T Visa
• U Visa – For victims of crimes who cooperate with law enforcement
• T Visa – For victims of human trafficking
d. Temporary Protected Status (TPS) & DED
• TPS provides protection from deportation for individuals from designated crisis-stricken countries
• Deferred Enforced Departure (DED) offers similar temporary relief
5. Diversity Visa Lottery (DV Lottery)
• Grants 50,000 Green Cards annually to individuals from countries with low U.S. immigration rates
• No job offer or family sponsorship required
• Selection is random but requires minimum education/work experience
6. Special Pathways to U.S. Immigration
a. Marriage to a U.S. Citizen
• Conditional Green Card if married for less than two years
• Remove conditions after two years (Form I-751)
• Path to citizenship in three years
b. Adoption-Based Immigration
• U.S. citizens can adopt foreign-born children and apply for their Green Cards
c. Military Service Pathway (MAVNI Program – Limited)
• Allows certain noncitizens with specialized skills (e.g., healthcare professionals, language experts) to enlist in the U.S. military and obtain citizenship
Choosing the Right Immigration Pathway
The best route depends on your qualifications, family ties, financial situation, and long-term goals. Some applicants combine strategies, such as starting with an L-1A visa before transitioning to EB-1C or using an F-1 student visa before applying for employment-based sponsorship.
EB-1-C: Permanent Residency Through Intracompany Transfer for Executives & Managers
Overview
The EB-1-C immigrant visa category offers a direct path to a Green Card for executives and managers who have been employed by a qualifying foreign entity and are transferred to a U.S. branch, subsidiary, or affiliate in a similar capacity. This category is particularly beneficial for multinational entrepreneurs and corporate leaders, as it does not typically face quota backlogs.
While the EB-1-C requires sponsorship by a U.S.-based employer, it is a commonly used option for global professionals seeking permanent residency. Many applicants first obtain an L-1A nonimmigrant visa to enter the U.S. with their families and later transition to EB-1-C when eligible.
EB-1-C Eligibility Requirements
To qualify for an EB-1-C visa, an applicant must:
- Have been employed outside the U.S. for at least one year within the last three years by a qualifying foreign entity (parent, subsidiary, or affiliate of the U.S. petitioner). The foreign and U.S. entities must share common control, typically demonstrated by more than 50% ownership.
- Have worked in an executive or managerial role for the qualifying foreign entity.
- Be joining a U.S. employer in a similar executive or managerial capacity.
- Have an employer that has been actively conducting business in the U.S. for at least one year and can support the executive or managerial role.
- Ensure the foreign entity remains operational and maintains a qualifying relationship with the U.S. petitioner when filing the immigration petition.
Unlike the EB-5 visa, EB-1-C does not require personal investment, and successful applicants receive unconditional permanent residency rather than a conditional Green Card.
Application Process
- Filing the I-140 Petition – The U.S. employer submits Form I-140 to USCIS.
- Adjustment of Status or Consular Processing
- If the applicant is already in the U.S. on a valid visa (e.g., L-1A), they may concurrently file Form I-485 for adjustment of status (subject to visa availability).
- If the applicant is outside the U.S., they must wait for I-140 approval before proceeding with consular processing.
Processing Time
- Premium processing is not available for EB-1-C petitions. Processing times typically range from a few months to over a year.
- EB-1-C petitions require both the foreign and U.S. entities to be actively engaged in business, making this category unsuitable for startup scenarios.
For entrepreneurs or those establishing new companies, the L-1A visa is often the best initial option before transitioning to EB-1-C.
The L-1A Visa: A Temporary Pathway to EB-1-C
The L-1A visa is a nonimmigrant option similar to the EB-1-C but with additional flexibility, especially for entrepreneurs. Key distinctions include:
✅ L-1A employees can qualify even if they worked in a specialized knowledge capacity abroad (though this may limit EB-1-C eligibility later).
✅ L-1A holders can remain on foreign payroll while working in the U.S.
✅ Premium processing is available, with decisions in as little as 14 days.
✅ Unlike EB-1-C, the L-1A visa can be used to establish a new U.S. entity.
L-1A Validity & Extensions
- Initial validity: Up to three years if the U.S. company has been operational for at least one year.
- Extensions: Granted in two-year increments up to a maximum of seven years.
Family Benefits
- Spouses & children (under 21) of L-1A holders qualify for L-2 visas.
- Spouses can apply for work authorization and work for any U.S. employer.
- Children may attend public or private schools without needing a student visa.
L-1A for Startups: Establishing a U.S. Presence
Entrepreneurs can leverage an L-1A “New Office” petition to start a U.S. business. However, this process requires additional documentation to demonstrate that:
📌 Physical office space has been secured (e.g., an active lease).
📌 The applicant has worked for the foreign entity for at least one year.
📌 The U.S. business will support an executive/managerial role within one year.
📌 A comprehensive business plan outlines financial projections, hiring plans, and operational details.
New Office L-1A Timeline
- Initially approved for one year.
- Extensions are available in two-year increments, provided the business remains operational and supports an executive/managerial position.
Many entrepreneurs transition from L-1A to EB-1-C by demonstrating business growth and sustained managerial oversight, ultimately obtaining a Green Card.
Caruso Law: Your Trusted Immigration Partner
Navigating the EB-1-C and L-1A visa processes can be complex. At Caruso Law, we specialize in business immigration strategies for executives, managers, and entrepreneurs. Our team provides tailored solutions to help you achieve U.S. permanent residency efficiently.
