L1b to green card without employer. A step-by-step guide

If you are in the United States on an L1B visa and want to obtain a green card without the help of your employer, you may be wondering where to start. Transitioning from an L1B visa to a green card can be a complex process, but with the right guidance and understanding of the steps involved, it is definitely possible to achieve your goal.

The L1B visa grants temporary employment status to intracompany transferees with specialized knowledge. However, the L1B visa is a non-immigrant visa and does not lead directly to a green card. To obtain a green card without the help of your employer, you will need to follow a series of steps that involve demonstrating your eligibility for a different immigrant visa category.

Step 1: Determine your eligibility for an employment-based green card. There are different categories under which you can apply for a green card, such as the EB-1, EB-2, and EB-3 categories. Each category has its own set of requirements and criteria that you must meet. It is important to carefully review the eligibility criteria for each category to determine which one suits your situation best.

Step 2: Find a qualified employer who is willing to sponsor you for a green card. While you may want to obtain a green card without the help of your current employer, you will still need a new employer who is willing to sponsor you. This can be a challenging task, as the employer will need to show that there are no qualified U.S. workers available for the position and that hiring you will not negatively impact the U.S. labor market.

Note: The process of finding a new employer who is willing to sponsor you may require networking, job searching, and possibly attending interviews. It is important to be proactive and persistent in your search.

Step 3: File the necessary paperwork with the U.S. Citizenship and Immigration Services (USCIS). Once you have found an employer who is willing to sponsor you, you will need to file the appropriate forms and documentation with the USCIS. This typically includes the Immigrant Petition for Alien Worker (Form I-140) and, in some cases, the Application for Permanent Employment Certification (Form ETA-9089).

Note: The required forms and documentation may vary depending on the specific employment-based green card category you are applying under. It is essential to carefully follow the instructions provided by the USCIS for the specific category you are applying for.

Step 4: Attend an interview (if required). In some cases, you may be required to attend an interview as part of your green card application process. This is an opportunity for the USCIS officer to ask you questions and verify the information provided in your application. It is important to prepare for the interview by familiarizing yourself with the details of your application and any supporting documentation you have submitted.

Note: The interview process can be nerve-wracking, but being well-prepared and confident can greatly increase your chances of success.

By following these steps and remaining diligent throughout the process, it is possible to transition from an L1B visa to a green card without the help of your employer. However, it is important to remember that the process can be lengthy and complex, so seeking professional guidance from an immigration attorney may also be beneficial.

Understanding L1b Visa

An L1b visa is a type of non-immigrant work visa that allows a foreign worker to temporarily work in the United States for a period of up to five years. This visa category is specifically designed for intra-company transferees who possess specialized knowledge.

The L1b visa is typically obtained through an employer. The employer must have a qualifying relationship with a foreign company, such as a parent, branch, subsidiary, or affiliate. The employer must also file a petition on behalf of the employee to the United States Citizenship and Immigration Services (USCIS).

The L1b visa enables a foreign worker to transfer from their current employer to a related company in the United States. This can include transferring from a foreign branch to a U.S. branch, or from a foreign subsidiary to a U.S. subsidiary. The employee must have worked for the foreign company for at least one continuous year within the three years preceding the application for the L1b visa.

One key advantage of the L1b visa is that it does not require a labor certification from the Department of Labor, unlike many other types of work visas. This means that the employer does not need to prove that there are no qualified American workers available for the position. This can streamline the visa application process and make it faster to obtain compared to other types of visas.

While the L1b visa is initially granted for a period of up to three years, it can be extended to a maximum of five years. After five years, the visa holder must either return to their home country or transition to another visa category, such as the H-1B visa or the employment-based green card.

It is important to note that the L1b visa is a non-immigrant visa, meaning it is temporary and does not provide a direct path to a green card. However, with careful planning and preparation, it is possible for L1b visa holders to transition to a green card without the sponsorship of their employer.

Pros of L1b visa	Cons of L1b visa
Does not require labor certification	Temporary visa with limited duration
Allows for intra-company transfer	Does not provide a direct path to a green card
Faster application process compared to other visas	Dependent on employer sponsorship

Eligibility Criteria for L1b Visa

In order to be eligible for an L1b visa, individuals must meet certain requirements and criteria set by the United States Citizenship and Immigration Services (USCIS). These criteria include:

1. Qualifying Relationship

The applicant must have a qualifying relationship with a foreign company and a U.S. company. The foreign company must be a parent, subsidiary, branch, or affiliate of the U.S. company, and both companies must be engaged in regular, systematic, and continuous provision of goods or services.

2. Specialized Knowledge

The applicant must possess specialized knowledge that is essential to the U.S. company’s operations. This specialized knowledge should be unique and not readily available in the U.S. labor market.

3. Continuous Employment

The applicant must have been continuously employed by the foreign company for at least one out of the three years preceding the application for the L1b visa. The employment must have been in a managerial, executive, or specialized knowledge capacity.

4. Job Offer

The applicant must have a job offer from the U.S. company to work in a managerial, executive, or specialized knowledge capacity. This job offer must be supported by a detailed description of the job duties and requirements.

5. No Direct Green Card Application

While the L1b visa can potentially lead to a green card, the initial L1b visa application cannot directly result in a green card. However, individuals who hold L1b visas may be eligible to apply for a green card through employment-based immigration processes.

It is important to note that meeting these eligibility criteria does not guarantee approval of the L1b visa application. Each application is evaluated on a case-by-case basis, and it is essential to provide thorough documentation and evidence to support the eligibility requirements.

Benefits of L1b Visa

The L1b visa provides various benefits for foreign workers who wish to work in the United States without employer sponsorship. This visa is specifically designed for intracompany transferees with specialized knowledge.

One of the main benefits of the L1b visa is that it allows individuals to work in the United States for up to five years initially, with the possibility of extending the visa for an additional two years. This provides foreign workers with an extended period to gain experience and contribute to their company’s growth.

Another significant benefit is that L1b visa holders can bring their dependents, including spouses and unmarried children under the age of 21, to the United States. Dependents can also apply for work authorization, allowing them to seek employment in the U.S.

The L1b visa also offers a pathway to obtaining a green card. Unlike other work visas, L1b visa holders can apply for a green card without the need for employer sponsorship. This allows individuals to transition from temporary employment to permanent residency in the United States.

Additionally, L1b visa holders have the flexibility to travel in and out of the United States during their stay. They can enter and exit the country freely, making it easier for them to visit their home country or travel for personal reasons.

Overall, the L1b visa provides a range of benefits for foreign workers seeking to work in the United States without employer sponsorship. From extended work periods to the opportunity for permanent residency, the L1b visa offers a pathway for individuals to pursue their career goals in the U.S.

Challenges of L1b Visa

The L1b visa is a non-immigrant visa that allows multinational companies to transfer employees with specialized knowledge from their foreign offices to their offices in the United States. While the L1b visa has many advantages, there are also several challenges that applicants may face when trying to obtain this visa without the support of an employer.

1. Finding an eligible employer

One of the main challenges for individuals seeking an L1b visa without an employer is finding a company that is willing to sponsor their visa. The L1b visa requires that the applicant has a job offer from a qualifying organization, and not all companies have the resources or willingness to sponsor visas for foreign employees.

2. Meeting the specialized knowledge requirement

The L1b visa category is specifically designed for individuals with specialized knowledge in their field. This means that applicants must demonstrate that they possess unique skills or expertise that are not readily available in the US labor market. Meeting this requirement can be challenging, as the criteria for specialized knowledge can vary and are subject to the discretion of the USCIS.

3. Addressing the lack of job security

Another challenge faced by L1b visa holders without an employer is the lack of job security. Unlike individuals with a green card, L1b visa holders rely on their employer for sponsorship and must maintain full-time employment with the company. If the employer decides to terminate the employee or withdraws their sponsorship, the L1b visa holder may be required to leave the United States.

4. Limited options for permanent residency

While the L1b visa can serve as a pathway to a green card, the process is not guaranteed and can be complex. Without the support of an employer, the L1b visa holder may have limited options for obtaining permanent residency. They may need to explore alternative paths, such as family sponsorship or applying for employment-based green cards through other categories.

In conclusion, obtaining an L1b visa without the support of an employer can be challenging due to the need to find an eligible employer, meet the specialized knowledge requirement, address the lack of job security, and navigate limited options for permanent residency. It is important for individuals considering this route to thoroughly research and understand the requirements and potential obstacles before proceeding.

Exploring Green Card Options

If you are currently on an L1B visa and are looking to obtain a green card without the support of an employer, you have several options to explore. While the L1B visa is typically tied to an employer, there are pathways that allow you to transition to a green card and become a permanent resident without employer sponsorship.

One option is to apply for a National Interest Waiver (NIW) green card. This category is designed for individuals who can demonstrate that their work is in the national interest of the United States. With an NIW, you can self-petition for a green card without needing an employer to sponsor you.

Another option is the EB-1A green card, which is for individuals with extraordinary ability in their field. To qualify for this category, you must have achieved national or international acclaim in your profession. With an EB-1A, you can self-petition for a green card based on your own achievements and without employer sponsorship.

If you are an entrepreneur looking to start or invest in a business in the United States, the EB-5 green card may be an option for you. This category requires you to invest a significant amount of capital and create a certain number of jobs in the U.S. With an EB-5, you can self-petition for a green card without needing a job offer from an employer.

Finally, it is worth exploring the possibility of getting married to a U.S. citizen or permanent resident. Through marriage, you may be eligible for a green card based on your relationship, without requiring employer sponsorship.

These are just a few options to consider if you are on an L1B visa and are looking to obtain a green card without employer sponsorship. Each option has its own requirements and processes, so it is important to research and consult with an immigration attorney to determine the best path for your specific situation.

Note: It is always advisable to seek professional legal advice when navigating the complex process of obtaining a green card without employer sponsorship.

EB1-C Multinational Manager or Executive

The EB1-C visa category is designed for multinational managers or executives who are looking to obtain a green card without the need for an employer sponsorship. This category is part of the employment-based first preference (EB1) visa classification.

To qualify for the EB1-C visa, an individual must have been employed by a multinational firm or corporation for at least one continuous year in the three years immediately preceding the application. The individual must have served in a managerial or executive capacity and must be seeking to enter the United States to continue working in a similar capacity for the same employer or a subsidiary or affiliate.

The EB1-C visa offers several advantages, including a faster processing time compared to other employment-based green card categories. Additionally, individuals in this category do not need to obtain a labor certification, which is typically required for other employment-based green card applications.

To apply for the EB1-C visa, the employer must file Form I-140, Immigrant Petition for Alien Worker, on behalf of the employee. The petition must include evidence demonstrating the multinational nature of the employer and the qualifying relationship between the employer and the employee.

Once the Form I-140 is approved, the employee may then apply for adjustment of status to obtain a green card. This includes filing Form I-485, Application to Register Permanent Residence or Adjust Status, along with supporting documentation and the appropriate filing fees.

It is important to note that the EB1-C visa category has certain requirements that must be met in order to qualify. The individual must have a job offer from a qualifying employer and must meet the criteria for a multinational manager or executive. Additionally, the employer must be able to demonstrate the qualifying relationship between the multinational organization and the employee.

Overall, the EB1-C visa category provides a pathway to a green card for multinational managers or executives without the need for an employer sponsorship. It is important to consult with an immigration attorney or experienced professional to ensure that all requirements are met and the application is prepared accurately and effectively.

EB1-3 Skilled Worker

If you are currently on an L1B visa and want to obtain a green card without an employer, the EB1-3 Skilled Worker category may be an option for you. This category is specifically designed for skilled workers who have a job offer from a U.S. employer, but it does not require the employer to sponsor the green card application.

Requirements

In order to qualify for the EB1-3 Skilled Worker category, you must meet certain requirements:

You must have at least 2 years of relevant work experience.
You must have a job offer from a U.S. employer.
The job offer must be for a permanent position.
The employer must prove that they have tried to recruit U.S. workers for the position, but have been unsuccessful.
The employer must provide evidence of your qualifications and ability to perform the job.

Application Process

Once you meet the requirements, you can begin the application process for the EB1-3 Skilled Worker category:

Submit Form I-140, Petition for Alien Worker, to USCIS.
Include all required supporting documents, such as your job offer, evidence of your qualifications, and evidence of the employer’s recruitment efforts.
Pay the required filing fee.
Wait for USCIS to process your petition. This can take several months.
If your petition is approved, you can proceed with the next steps of the green card process, such as filing Form I-485, Application to Register Permanent Residence or Adjust Status.

It is important to note that the EB1-3 Skilled Worker category has a limited number of visas available each year, so it is advisable to start the application process as early as possible. Additionally, working with an immigration attorney can greatly increase your chances of success.

EB2 National Interest Waiver

The EB2 National Interest Waiver is a pathway to obtaining a green card without the need for an employer sponsorship. This category is reserved for individuals who can demonstrate that their work is in the national interest of the United States.

Typically, to apply for an employment-based green card, an employer must file a petition on behalf of the employee. However, with the National Interest Waiver, the individual can self-petition and bypass the requirement of a job offer or employer sponsorship.

To qualify for the EB2 National Interest Waiver, you must meet the following criteria:

You must have an advanced degree or exceptional ability in your field.
Your work must have a substantial positive impact on the nation’s economy, culture, health, education, or scientific research.
You must demonstrate that it would be in the national interest to waive the requirement of a job offer or labor certification.

When applying for the National Interest Waiver, you will need to submit evidence that supports your qualifications and the significance of your work. This can include reference letters, publications, patents, awards, and other documentation.

It’s important to note that the National Interest Waiver is a highly competitive category, and the approval process can be challenging. Therefore, it is advisable to seek the assistance of an experienced immigration attorney to guide you through the application process and ensure the strongest possible case.

Once your EB2 National Interest Waiver petition is approved, you will be able to proceed with the green card process. This will include submitting additional forms and attending an interview at a USCIS office.

Obtaining a green card through the EB2 National Interest Waiver is a complex and specialized process. However, for individuals who meet the criteria and can demonstrate their exceptional abilities, it can provide a valuable opportunity to obtain permanent residency in the United States without the need for employer sponsorship.

EB3 Skilled Worker

The EB3 visa category is designed for skilled workers who have at least two years of work experience and are coming to the United States to perform a job that requires a minimum of a bachelor’s degree or its equivalent. This category is a popular option for individuals who want to obtain a green card without relying on an employer.

To be eligible for an EB3 visa as a skilled worker, you must have a job offer from a U.S. employer who is willing to sponsor your application. However, unlike the L1B visa, the EB3 visa does not require you to work for the sponsoring employer for a specific period of time before applying for a green card.

The process of obtaining a green card through the EB3 visa category without an employer generally involves the following steps:

Step 1: Labor Certification

The first step is to obtain a labor certification from the U.S. Department of Labor (DOL). The labor certification process requires your employer to demonstrate that there are no qualified U.S. workers available for the position you are being hired for. Your employer must also show that hiring you will not negatively impact the wages and working conditions of U.S. workers in similar positions.

Step 2: Immigrant Visa Petition

Once the labor certification is approved, your employer must file an immigrant visa petition on your behalf using Form I-140. This petition establishes your eligibility for permanent residence based on your employment in the United States.

Step 3: Adjustment of Status or Consular Processing

After the immigrant visa petition is approved, you can either apply for adjustment of status if you are already in the United States, or go through consular processing if you are outside the country. The adjustment of status process allows you to apply for a green card without leaving the United States, while consular processing requires you to attend an interview at a U.S. embassy or consulate in your home country.

Once you have completed these steps and your application is approved, you will be granted a green card as an EB3 skilled worker, allowing you to live and work permanently in the United States without the need for an employer sponsorship.

EB4 Special Immigrant

The EB4 special immigrant category allows certain individuals to obtain a green card without the need for an employer sponsorship. This category is specifically for immigrants who fall under one of the following groups:

Religious workers
Broadcasters
International Organization Employees
Armed Forces Members
Panama Canal Zone Employees
NATO-6 Nonimmigrants
Physicians
Retired NATO-1, NATO-2, and NATO-3
Spouses and Children of Deceased NATO-1, NATO-2, or NATO-3 Employees

Each group has specific requirements that must be met in order to qualify for the EB4 special immigrant category. For example, religious workers must be coming to the US to work in a full-time, compensated position within a religious organization. Physicians must have completed a medical degree and have been licensed to practice medicine in the US.

Once an individual qualifies for the EB4 special immigrant category, they can apply for a green card through a two-step process. First, they must file an immigrant petition with the US Citizenship and Immigration Services (USCIS). Once the petition is approved, they can move on to the second step, which is applying for a green card through adjustment of status or consular processing.

It’s important to note that while the EB4 special immigrant category allows individuals to obtain a green card without employer sponsorship, they must still meet the specific requirements of their chosen group in order to be eligible.

EB5 Investor Visa

The EB5 Investor Visa is an alternative pathway for foreigners who wish to obtain a green card in the United States. Unlike the L1b visa, which requires employer sponsorship, the EB5 Investor Visa allows individuals to apply for a green card without the need for an employer.

Under the EB5 program, foreign investors can qualify for a green card by making a substantial investment in a qualifying U.S. business. The minimum investment amount is $1.8 million, although it can be reduced to $900,000 if the investment is made in a targeted employment area (TEA), which is an area with high unemployment or rural areas.

To be eligible for the EB5 Investor Visa, applicants must meet several criteria:

Investment Requirement

Applicants must invest the required amount of capital into a new commercial enterprise in the United States. The investment must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of the immigrant investor’s admission to the United States as a Conditional Permanent Resident.

Job Creation

The investment must lead to the creation of at least 10 full-time jobs for qualifying U.S. workers. The jobs must be created within two years of the immigrant investor’s admission to the United States as a Conditional Permanent Resident.

While the EB5 Investor Visa offers a way to obtain a green card without employer sponsorship, it is important to note that the process can be complex and time-consuming. It is recommended to consult with an immigration attorney who specializes in EB5 visas to ensure a smooth application process.

Evaluating Your Immigration Options

If you are currently on an L1B visa and are interested in obtaining a green card without employer sponsorship, it is important to evaluate your immigration options carefully. There are several pathways that may be available to you depending on your specific circumstances.

Evaluation Factors

When evaluating your immigration options, consider the following factors:

Your current visa status: Understanding the limitations and requirements of your current L1B visa is crucial in determining your eligibility for a green card without employer sponsorship.
Educational qualifications: Certain educational degrees and qualifications may make you eligible for specific immigration programs or categories.
Work experience: Your professional work experience may be a determining factor in accessing certain green card options.
Family ties: If you have immediate relatives who are U.S. citizens or green card holders, they may be able to sponsor you for a green card.

Potential Options

Based on your evaluation, here are some potential options to consider:

Option	Description
1. Employment-Based Immigration	Explore employment-based immigration options that do not require employer sponsorship, such as the National Interest Waiver (NIW) or Extraordinary Ability (EB-1) category.
2. Family-Based Immigration	If you have a family member who is a U.S. citizen or green card holder, they may be able to sponsor you for a green card through the family-based immigration process.
3. Diversity Visa Lottery	Participate in the Diversity Visa Lottery program, which provides a limited number of green cards to individuals from countries with low rates of immigration to the United States.
4. Self-Petition	Consider self-petitioning for a green card under certain categories, such as the U visa for victims of crimes or the Violence Against Women Act (VAWA) for individuals who have experienced domestic violence.

Remember to consult with an experienced immigration attorney to discuss your specific situation and determine the best course of action for obtaining a green card without employer sponsorship.

Gathering Supporting Documents

When applying for an L1B to green card without an employer, it is crucial to gather all the necessary supporting documents to strengthen your case. These documents will help demonstrate your eligibility for a green card and prove that you meet the requirements set by the USCIS.

Here is a list of documents that you will need to include in your application:

Proof of your L1B status: You will need to provide documentation that shows you are currently in the United States under L1B status. This can include your L1B visa, I-94 card, and any other relevant immigration documents.
Evidence of continuous employment: You must demonstrate that you have been continuously employed by your L1B employer for the required period of time. This can be done through employment contracts, pay stubs, and tax documents.
Educational qualifications: If your green card application is based on a specialized knowledge job, you may need to provide evidence of your educational qualifications. This can include college diplomas, transcripts, and any professional certifications.
Proof of work experience: In certain cases, you may need to show that you have the necessary work experience to qualify for a green card. This can be done through letters of recommendation from previous employers or clients, employment verification letters, and a detailed resume.
Financial documentation: You will need to provide evidence that you have the financial means to support yourself in the United States without relying on government assistance. This can include bank statements, tax returns, and proof of any assets or investments.
Proof of qualifying relationship: If you are applying for a green card as a dependent of an L1B visa holder, you will need to provide documentation that proves your qualifying relationship. This can include marriage certificates, birth certificates, and adoption papers.

It is important to note that the specific documents required may vary depending on your individual circumstances and the green card category you are applying under. Therefore, it is recommended to consult with an immigration attorney or carefully review the USCIS guidelines to ensure that you have gathered all the necessary supporting documents for your L1B to green card application.

Filing the I-140 Petition

After obtaining your L1B visa, you may be eligible to file an I-140 petition to apply for a green card without the need for employer sponsorship. The I-140 petition is the first step towards securing your green card. Here is a step-by-step guide on how to file the I-140 petition:

1. Determine your eligibility

Before filing the I-140 petition, it is important to ensure that you meet the eligibility criteria. The eligibility requirements may vary depending on the category under which you are applying for a green card. Common categories include EB-1, EB-2, and EB-3. You should carefully review the eligibility criteria for each category and determine which one best applies to your situation.

2. Gather the required documents

Once you have determined your eligibility, you will need to gather the required documents to support your I-140 petition. These documents may include, but are not limited to:

Proof of your L1B visa status
Evidence of your qualifications and job experience
Letters of recommendation
Documentation showing the need for your specialized skills
Proof of your employer’s ability to pay your wages

It is important to ensure that all documents are properly prepared and translated, if necessary, before submitting your I-140 petition.

3. Complete the I-140 petition form

Next, you will need to complete the I-140 petition form, which is available on the U.S. Citizenship and Immigration Services (USCIS) website. The form requires you to provide personal information, details about your employment, and evidence supporting your eligibility for a green card.

Be sure to fill out the form accurately and honestly, as any inaccuracies or omissions may result in a denial of your petition.

4. Pay the filing fee

Along with your completed form, you will need to submit the required filing fee. The amount of the fee depends on the category under which you are applying. You can find the current fee amount on the USCIS website. Payment can be made by check or money order.

5. Submit your I-140 petition

Once you have gathered all the required documents, completed the petition form, and paid the filing fee, you are ready to submit your I-140 petition. Make sure to keep copies of all documents for your records.

You can submit your petition by mail to the appropriate USCIS lockbox facility. Be sure to follow the instructions on the USCIS website for mailing addresses and delivery methods.

It is important to note that filing the I-140 petition does not automatically grant you a green card. It is the first step in the process, and approval of your petition does not guarantee a green card. Once your petition is approved, you will still need to complete additional steps, such as filing an adjustment of status application or going through consular processing, to obtain your green card.

It is advisable to consult with an immigration attorney for guidance throughout the I-140 petition process to ensure that you meet all the requirements and increase your chances of a successful outcome.

Understanding PERM Labor Certification

PERM Labor Certification is a crucial step in the process of obtaining a green card without an employer for individuals on an L1B visa. It is a certification issued by the United States Department of Labor (DOL) that validates the need for foreign labor in certain job positions.

What is PERM Labor Certification?

PERM stands for Program Electronic Review Management. It is an online system used by the DOL to process and analyze labor certification applications. The purpose of PERM Labor Certification is to protect the interests of U.S. workers by ensuring that there are no qualified U.S. workers available for a particular job position before a foreign worker is considered.

PERM Labor Certification is required for most employment-based green card categories, including those that do not require a job offer or employer sponsorship. For individuals on an L1B visa looking to obtain a green card without an employer, PERM Labor Certification is a necessary step.

The PERM Labor Certification Process

The PERM Labor Certification process involves several steps:

Prevailing Wage Determination: Before filing a PERM Labor Certification application, the employer must obtain a prevailing wage determination from the DOL. This determines the minimum wage that should be offered to the foreign worker.
Job Advertisement: The employer must advertise the job position to attract potential U.S. workers. This ensures that the position is open to U.S. workers before considering foreign labor.
PERM Labor Certification Application: The employer must file the PERM Labor Certification application electronically through the DOL’s online system. This application includes information about the job position, recruitment efforts, and the employer’s ability to pay the prevailing wage.
DOL Review and Certification: The DOL reviews the PERM Labor Certification application and may request additional documentation or clarification. Upon approval, the DOL issues a certified labor certification.

Importance of PERM Labor Certification

PERM Labor Certification is crucial for individuals on an L1B visa seeking a green card without an employer. It ensures that the U.S. job market is protected, and that foreign labor is only considered when there are no qualified U.S. workers available. Understanding the PERM Labor Certification process is essential for successfully navigating the path to obtaining a green card without employer sponsorship.

By following the steps outlined in the PERM Labor Certification process, individuals on an L1B visa can increase their chances of obtaining a green card and achieving their goal of permanent residency in the United States.

Filing the I-485 Adjustment of Status

After obtaining an L1B visa, you may be eligible to apply for a green card without the need for an employer. This process is known as filing the I-485 Adjustment of Status.

The I-485 application is the official form used to apply for lawful permanent resident status, also known as a green card. It allows individuals in the United States to adjust their status from a nonimmigrant visa holder to a lawful permanent resident.

Here are the steps to file the I-485 Adjustment of Status:

Prepare the required documents: Gather all the necessary documents, including a completed Form I-485, supporting documentation, and any required fees.
Complete Form I-485: Fill out the I-485 form accurately and completely. Provide all the required information, such as personal details, employment history, and previous immigration information.
Compile supporting documentation: Include all the required supporting documents, such as a copy of your L1B visa, passport, birth certificate, marriage certificate (if applicable), and any other necessary forms or evidence.
Submit the application: Send the completed I-485 form, supporting documentation, and appropriate fees to the United States Citizenship and Immigration Services (USCIS) office specified in the instructions of the form.
Biometrics appointment: Once the USCIS receives your application, they will schedule a biometrics appointment. Attend the appointment to provide your fingerprints, photograph, and signature.
Interview: After the biometrics appointment, USCIS may schedule an interview to further review your application. Prepare for the interview by organizing all relevant documents and practicing common interview questions.
Receive a decision: After the interview, USCIS will make a decision on your application. They may approve your green card application, request more evidence, or deny your application.
Obtain your green card: If your application is approved, you will receive your green card in the mail. Congratulations, you have successfully obtained lawful permanent resident status!

Remember, filing the I-485 Adjustment of Status without an employer can be a complex process. It is recommended to seek the guidance of an experienced immigration attorney to ensure you have the best chance of success.

Completing Form DS-260

After obtaining an L1B visa and deciding to apply for a green card without an employer, the next step is to complete Form DS-260. This form is the Immigrant Visa and Alien Registration Application, and it is an essential document in the green card application process.

To begin the process of completing Form DS-260, you will need to have your L1B visa information readily available. This includes your visa number, the date of issuance, and the expiration date. Additionally, you will need your passport information, including the passport number and the country of issuance.

Gathering Supporting Documents

Before starting to fill out Form DS-260, it is important to gather all the supporting documents that you will need for the application. These documents typically include:

A copy of your L1B visa
Passport-sized photos
Evidence of your qualifications and work experience
Evidence of your academic degrees and certifications
Proof of financial support

Having these documents ready will make it easier to complete Form DS-260 accurately and efficiently.

Filling out Form DS-260

When completing Form DS-260, you will be required to enter personal information such as your name, date of birth, and contact details. You will also need to provide information about your family members, previous immigration history, and your intended address in the United States.

One crucial part of the form is demonstrating that you are eligible for a green card without employer sponsorship. You will need to provide evidence of your extraordinary ability, advanced degree, or exceptional professional experience that qualifies you for this category.

It is essential to double-check all the information you enter on Form DS-260 for accuracy and completeness. Any mistakes or missing information can delay the processing of your application.

Submitting Form DS-260

Once you have completed Form DS-260, you will need to submit it electronically through the Department of State’s Consular Electronic Application Center (CEAC) website. You will receive a confirmation page that includes a barcode and confirmation number after successful submission.

It is crucial to keep a copy of the confirmation page for your records as it contains important information for tracking the progress of your green card application.

Completing Form DS-260 is an important step in the process of obtaining a green card without employer sponsorship. By following the instructions carefully and providing accurate information, you can increase your chances of a successful application.

Attending the Biometrics Appointment

After your L1B petition has been approved and you have submitted your green card application without an employer sponsorship, the next step in the process is attending the biometrics appointment. This appointment is a crucial step in the application process as it involves providing your fingerprints, photograph, and signature for the purpose of background checks.

You will receive a notice in the mail indicating the date, time, and location of your biometrics appointment. It is important to carefully review this notice and make sure you arrive at the designated location on time.

Preparing for the Appointment

Prior to attending the biometrics appointment, you should gather all the required documents and information. This includes your appointment notice, passport, and any other identification documents specified in the notice. It is also advisable to bring a copy of your green card application and any supporting documents you may have submitted.

If you have any medical condition that may affect the biometrics process, such as missing fingers or a facial deformity, make sure to inform the officer conducting the appointment. They will make accommodations to ensure the process goes smoothly for you.

On the day of the appointment, dress neatly and conservatively. Avoid wearing any accessories or clothing items that may interfere with the biometrics process, such as hats or scarves covering your face. Follow any specific instructions provided in the appointment notice regarding what to bring or what not to bring.

What to Expect at the Appointment

When you arrive at the designated location, you will be required to sign in and wait for your turn. Once called, you will proceed to the biometrics collection area where an officer will guide you through the process.

The officer will first verify your identity by comparing your identification documents with the information on your appointment notice. They will then scan your fingerprints using a digital scanner and take your photograph. Lastly, you will be asked to sign your name electronically.

The entire process is usually quick and straightforward, taking around 15 to 30 minutes. The officer conducting the appointment will provide guidance throughout and answer any questions you may have.

After completing the biometrics appointment, you can expect to receive a notification confirming the successful collection of your biometrics. This notification will serve as proof that you have attended the appointment as required.

Now that the biometrics appointment is complete, you can continue to wait for further updates on your green card application. The next steps will involve USCIS conducting background checks and reviewing your application in order to determine your eligibility for a green card without an employer sponsorship.

Remember to keep track of any updates or requests for additional documentation from USCIS as you progress through the application process.

Preparing for the Green Card Interview

Once you have successfully obtained an L1B visa and have been working for your employer in the United States, you may be eligible to apply for a green card without the need for sponsorship from your employer. The green card interview is a crucial step in the process of obtaining permanent residency in the United States. It is important to be well-prepared for this interview to increase your chances of success.

Gather the necessary documents

Prior to the green card interview, make sure you have gathered all the required documents. These documents typically include your passport, L1B visa, birth certificate, marriage certificate (if applicable), tax returns, pay stubs, and any other documentation proving your eligibility for the green card. It is important to have organized and easily accessible copies of these documents for the interview.

Review your immigration history and forms

Go over your immigration history and the forms you have previously submitted as part of your green card application. Make sure you are familiar with the information you provided and be prepared to answer any questions related to your work experience, achievements, and qualifications. Pay close attention to any discrepancies or inconsistencies that might arise during the interview.

Document	Notes
Passport	Valid passport with visa
L1B visa	Copy of your L1B visa
Birth certificate	Proof of your birthdate and place of birth
Marriage certificate	If applicable, to prove marital status
Tax returns	Previous years’ tax returns to prove financial stability
Pay stubs	Recent pay stubs as proof of employment

During the green card interview, the USCIS officer will evaluate your eligibility for a green card based on various factors, including your qualifications, employment history, and intentions to live permanently in the United States. It is essential to answer all questions truthfully and provide any additional requested information promptly.

Lastly, it is recommended to consult with an immigration attorney to ensure that you are fully prepared for the green card interview. They can guide you through the process, help you anticipate potential questions, and address any concerns you may have about your L1B to green card transition without employer sponsorship.

Responding to RFEs

When applying for a green card without an employer, it is not uncommon to receive a Request for Evidence (RFE) from the U.S. Citizenship and Immigration Services (USCIS). An RFE is a written request for additional information or documentation to support your application.

Receiving an RFE does not mean that your application has been denied. It simply means that the USCIS needs more information to make a decision on your case. It is important to promptly respond to the RFE within the given deadline to avoid any delays or potential denial of your green card application.

1. Review the RFE

Begin by carefully reading the RFE letter and understanding what specific information or documentation is being requested. Pay close attention to the deadline for responding, as timely submission is crucial.

2. Consult an Immigration Attorney

If you are unsure about how to respond to the RFE, it is advisable to seek guidance from an experienced immigration attorney. They can review your case and provide advice on the best approach to address the RFE and improve your chances of approval.

3. Gather Required Documents

Follow the instructions in the RFE letter to gather the requested documents. This may include evidence of your qualifications, such as education degrees, professional certifications, or letters from previous employers. Make sure to include any additional information or documentation that supports your eligibility for a green card without an employer.

4. Craft a Clear and Concise Response

When drafting your response to the RFE, be sure to address each specific request with clear and concise explanations. Take the time to provide detailed information and include any relevant supporting documents. It is important to address any concerns raised by the USCIS in a thorough and convincing manner.

Break down each request and provide the necessary information or documentation.
Use clear and organized language to make your response easy to understand.
Include any additional evidence of your qualifications or eligibility.
Support your response with relevant case law or USCIS policy guidance, if applicable.

5. Submit the Response

Once you have prepared your response, make sure to make copies of all the documents for your records. Mail the response to the USCIS address provided in the RFE letter using a trackable mail service. Keep a copy of the mailing receipt as proof of submission. If submitting electronically, follow the instructions provided by the USCIS.

It is essential to meet the deadline for submitting your response. Failure to respond on time may result in the denial of your green card application.

Remember, responding to an RFE is a crucial step in the process of obtaining a green card without an employer. By carefully following the instructions, providing the requested information, and seeking professional guidance if needed, you can improve your chances of success.

Understanding the Green Card Waiting Time

Obtaining a green card without employer sponsorship can be a complex and time-consuming process. One of the crucial factors that applicants need to understand is the green card waiting time. This refers to the length of time an individual must wait before their green card application is approved and they can become a lawful permanent resident of the United States.

The waiting time for a green card depends on several factors, including the applicant’s country of birth, the category of green card they are applying for, and the current demand for green cards in that category. These factors can greatly affect the waiting time, with some applicants experiencing shorter waits while others may wait for several years.

There are several different categories of green cards, including family-sponsored, employment-based, and diversity lottery. Each category has its own waiting time, and it’s important for applicants to understand the specific requirements and timelines for their chosen category.

For example, individuals applying for a green card through employment may be eligible for the EB-3 category, which is for professionals, skilled workers, and other workers. The waiting time for this category can vary depending on the applicant’s country of birth. Some individuals may have to wait several years, while others from countries with smaller immigrant populations may have shorter waiting times.

It’s also important to note that the waiting time can change over time. Factors such as changes in immigration policies, the number of available green cards, and shifts in demand can all impact the waiting time. It’s crucial for applicants to stay informed and regularly check for updates on the current waiting time for their category.

In conclusion, understanding the green card waiting time is essential for individuals seeking to obtain a green card without employer sponsorship. By knowing the factors that influence the waiting time and staying informed about any changes, applicants can better navigate the process and plan for their future in the United States.

Checking the Status of Your Case

Once you have submitted your application for a green card without an employer through the L1B visa, it is important to regularly check the status of your case. This will help you stay informed about any updates or changes in your application process.

There are several ways to check the status of your case:

1. Online Case Status: The U.S. Citizenship and Immigration Services (USCIS) website provides an online tool called the Case Status Online, which allows applicants to check the status of their cases. To use this service, you will need your receipt number, which can be found on the receipt notice that was issued to you when you submitted your application.

2. USCIS Contact Center: You can also contact the USCIS Contact Center to inquire about the status of your case. The contact center provides assistance in English and Spanish, and you can reach them by phone or email.

3. Infopass Appointment: If you prefer to speak directly to a USCIS officer, you can schedule an Infopass appointment. This will allow you to meet with an officer in person and discuss the status of your case.

Remember to have your case information and identification documents ready when checking the status of your case. It is also important to be patient, as the processing times for green card applications without an employer can vary.

By staying proactive and regularly checking the status of your case, you can ensure that your application is being processed smoothly and stay informed about any updates or actions required from you.

Special Considerations for Dependents

When it comes to obtaining a green card without an employer sponsorship on an L1B visa, it is important to understand the special considerations for dependents. Dependents, such as spouses and children, may be eligible for derivative visas, which allow them to accompany the primary L1B visa holder to the United States.

Dependents of L1B visa holders should be included in the primary applicant’s green card application. This means that if the primary applicant successfully obtains a green card, their dependents will also be granted green cards.

It is crucial for dependents to maintain their status throughout the process. This includes ensuring that their visas remain valid and that they comply with all applicable immigration laws and regulations. Dependents should also be aware of any restrictions or limitations on their employment opportunities while in the United States.

Additionally, it is important to note that dependents may have their own unique circumstances that need to be taken into consideration. For example, children who turn 21 years old may age out of their derivative visa status and may need to explore alternative immigration options.

Important Points
Include dependents in the primary applicant’s green card application.
Maintain valid visa status and comply with immigration laws.
Be aware of any employment restrictions or limitations.
Consider unique circumstances, such as aging out of derivative visa status.

By understanding and addressing these special considerations for dependents, individuals seeking a green card without employer sponsorship on an L1B visa can ensure that their family members are also included in the process and can successfully navigate the path to permanent residency in the United States.

Maintaining Status During the Green Card Process

When applying for a green card without an employer sponsorship, like in the case of transitioning from an L1B visa, it’s crucial to maintain your legal status throughout the entire process. Here are some important things to keep in mind:

Ensure that your L1B visa remains valid while your green card application is pending. Make sure to extend or renew your visa as necessary.
Continue working for your L1B employer and adhere to the terms and conditions of your visa. Changing jobs or employers during the green card process can jeopardize your status.
Keep all documentation related to your green card application organized and readily accessible. This includes forms, supporting documents, and any correspondence with USCIS.
Notify USCIS of any changes in your contact information, such as address or phone number, to ensure that you receive important updates regarding your application.
Comply with all laws and regulations of the United States. This includes abiding by immigration laws, maintaining a valid passport, and reporting any changes in your immigration status.
Avoid engaging in any activities that may violate your visa status, such as unauthorized employment or overstaying your authorized period of stay.

By following these guidelines and maintaining your status during the green card process, you can help ensure a smooth transition from your L1B visa to permanent residency. Remember to consult with an immigration attorney for personalized advice based on your specific circumstances.

Applying for a Work Permit

Once you have obtained your L1B visa, you can begin the process of applying for a work permit to eventually obtain a green card without the need for an employer. Here is a step-by-step guide to help you through the process:

1. Determine your eligibility

Before applying for a work permit, it is important to determine if you are eligible. Make sure you meet the requirements set by the U.S. Citizenship and Immigration Services (USCIS) for obtaining a work permit.

2. Gather the required documentation

Collect all the necessary documents needed for your work permit application. This may include your L1B visa information, passport, proof of employment, and any other supporting documents that may be required by the USCIS.

3. Complete Form I-765

Fill out Form I-765, also known as the Application for Employment Authorization. This form is used to request an Employment Authorization Document (EAD), which is the official work permit.

4. Pay the filing fee

Include the required fee with your application. Make sure to check the USCIS website for the most up-to-date information on the filing fee amount and acceptable payment methods.

5. Submit your application

Once you have completed the necessary forms and gathered all the required documents, submit your application package to the USCIS. Make sure to follow the instructions provided by the USCIS to ensure a smooth process.

6. Wait for processing

After submitting your application, you will need to wait for the USCIS to process it. The processing time can vary, so it is important to be patient during this stage.

7. Receive your work permit

If your application is approved, you will receive your work permit, also known as an EAD. This document will allow you to legally work in the United States without the need for an employer.

Once you have your work permit, you can begin working towards obtaining a green card through other means, such as family sponsorship or investment-based immigration programs. Remember to consult with an immigration attorney or seek professional advice to determine the best path for your specific situation.

Applying for a Travel Document

If you are in the process of applying for a green card without an employer, it’s important to be aware of the travel restrictions that may apply to you. While your application is pending, you may need to travel outside of the United States for various reasons, such as family emergencies or business trips. In these situations, you will need to obtain a travel document in order to re-enter the country.

1. Determine if You Need a Travel Document

Before applying for a travel document, you should first determine if you actually need one. If you are a lawful permanent resident (green card holder), you generally do not need a travel document to re-enter the United States. However, if you are still in the process of adjusting your status to that of a green card holder, you will need to apply for a travel document in order to return to the country.

2. Complete Form I-131

In order to apply for a travel document, you will need to complete Form I-131, Application for Travel Document. This form can be found on the United States Citizenship and Immigration Services (USCIS) website. Make sure to fill out the form accurately and provide all required documentation, such as proof of identity and immigration status.

3. Submit Your Application

Once you have completed Form I-131 and gathered all necessary documents, you will need to submit your application to the USCIS. Along with the completed form, you will also need to include the required filing fee. The USCIS will review your application and determine if you meet the criteria for a travel document.

4. Attend Biometrics Appointment

After submitting your application, you will receive a notice from the USCIS to attend a biometrics appointment. At this appointment, your fingerprints and photograph will be taken for background checks. It is important to attend this appointment as scheduled in order for your application to proceed.

5. Wait for USCIS Decision

Once you have attended your biometrics appointment, you will need to wait for the USCIS to make a decision on your travel document application. The processing times can vary, so it’s important to check the USCIS website for estimated processing times. If additional information or documents are required, the USCIS will notify you by mail.

6. Receive Your Travel Document

If your application is approved, you will receive your travel document by mail. This document will allow you to re-enter the United States after traveling abroad. Make sure to carry this document with you when you travel, as it will be required at the U.S. port of entry.

Applying for a travel document without an employer can be a complex process, but by following these steps and ensuring that you provide all required documentation, you can increase your chances of a successful application. It’s important to consult with an immigration attorney if you have any questions or need assistance with your application.

Renewing Your L1b Visa

If you are currently holding an L1b visa and wish to extend your stay in the United States, you will need to go through the process of renewing your visa. This process is necessary as your L1b visa has a limited duration and will eventually expire. Fortunately, with the right steps and preparation, you can renew your L1b visa smoothly and continue to work and live in the United States.

Firstly, it’s important to note that renewing your L1b visa does not automatically grant you a green card. The L1b visa is a non-immigrant visa, meaning it is temporary and intended for individuals who plan to return to their home country after a certain period. However, if you wish to obtain a green card, there are separate processes available for that.

To renew your L1b visa, you will need to complete and submit Form I-129, along with supporting documents, to the United States Citizenship and Immigration Services (USCIS). It is recommended to submit your application at least six months before your current visa expires to allow ample time for processing.

Supporting documents that you will need to submit include a letter from your employer stating the purpose of your visit, your job position, and your anticipated length of stay. You will also need to provide evidence of your continued employment with the company, such as copies of pay stubs or a letter from your employer confirming your employment status.

Once your application is submitted, USCIS will review your documents and may request additional information or schedule an interview. It’s essential to respond promptly to any requests to avoid delays in the processing of your renewal application.

If your L1b visa renewal is approved, you will receive a new Form I-797, Notice of Action, indicating the new expiration date of your visa. It’s vital to keep this document safe, as you will need it for future reference and when traveling internationally.

Remember, renewing your L1b visa does not grant you permanent residency or a green card. If you wish to pursue a green card, you will need to explore separate pathways, such as employment-based green card options or family-based sponsorship.

Overall, renewing your L1b visa is an essential step in maintaining your legal status in the United States. It allows you to continue working and living in the country while following the immigration laws and regulations. By following the proper procedures and submitting all required documentation, you can successfully renew your L1b visa and continue your professional journey in the United States.

Q&A:

Can I get a green card without an employer if I have an L-1B visa?

Yes, it is possible to get a green card without an employer if you have an L-1B visa. There are several options available, such as applying for a National Interest Waiver, self-petitioning through the EB-1 visa category, or getting married to a U.S. citizen or permanent resident.

What is a National Interest Waiver?

A National Interest Waiver (NIW) is a way to obtain a green card without employer sponsorship. To qualify for an NIW, you need to demonstrate that your work is in the national interest of the United States. This usually requires proving that your work has a substantial impact in fields such as science, technology, research, or entrepreneurship.

How can I self-petition through the EB-1 visa category?

To self-petition through the EB-1 visa category, you must have extraordinary ability in your field, such as outstanding achievements, recognition, or international awards. You will need to provide evidence of your extraordinary ability and show that you will continue to work in your field in the U.S. The process may require a comprehensive application and extensive documentation.

Can I get a green card if I marry a U.S. citizen?

Yes, if you marry a U.S. citizen, you may be eligible for a green card through marriage. However, the process may require proving the legitimacy of the marriage and going through the necessary paperwork. It is important to consult with an immigration attorney to understand the specific requirements and procedures.

What is the first step to get a green card without an employer?

The first step to getting a green card without an employer is to determine the appropriate category for your situation. Whether it is through a National Interest Waiver, self-petitioning through the EB-1 category, or marrying a U.S. citizen, you need to understand the specific requirements and eligibility criteria for each option. Consulting with an immigration attorney is recommended to navigate the process successfully.

What is an L1B visa?

An L1B visa is a nonimmigrant visa that allows foreign workers with specialized knowledge to be transferred to the United States to work for a specific employer.