Article
7 min read
L-1A Visa vs EB-1C Visa
Immigration
Author
Jemima Owen-Jones
Published
October 09, 2024
Last Update
December 11, 2024
Table of Contents
What’s the difference between the L-1A and EB-1C visa?
The L-1A visa category: A temporary work visa
L-1A visa requirements
Types of L-1A visas
The EB-1C immigrant visa: A path to permanent residence
EB-1C immigrant visa requirements
Get visa support from start to finish with Deel Immigration
Navigating US visas can be challenging, especially when identifying the best options for talent mobility between your international and US teams.
Companies often grapple with choosing between temporary solutions like the L-1A visa and long-term options like the EB-1C visa for transferring key executives and managers to the US.
Deel’s expertise simplifies this process by clarifying the intricacies of each visa option and providing tailored solutions.
In this article, we break down the key differences between the L-1A and EB-1C visas, highlighting their unique benefits and how Deel’s global HR platform can support your immigration process.
Whether you need seamless employee transfers or a path to permanent residency, Deel ensures compliance and stress-free outcomes for both workers and employers.
Let’s explore how you can unlock growth opportunities and manage global mobility with confidence.
What’s the difference between the L-1A and EB-1C visa?
The L-1A and EB-1C both enable foreign companies to transfer employees to a United States office.
Although the L-1A and EB-1C have similar visa requirements, they differ significantly. The L-1A gives an employee temporary work authorization and the EB-1C gets an employee in line to file a US green card.
The L-1A visa category: A temporary work visa
The L-1A is a temporary US work visa that allows managers and executives at foreign companies to transfer to a US office or establish a new US office.
Why would you want an L-1A visa as an employee?
The L1-A visa has many benefits, including:
- Up to seven years of temporary work authorization with your employer in the US
- US work authorization for your spouse
- Transfer from your company’s foreign office to a US office
- Easily travel in and out of the US, even with a pending green card
- The L-1 visa is dual intent, which makes applying for a green card easier
Why would you want an L-1A visa as an employer?
Employers may look to procure L-1A visas to:
- Strategically transfer employees to the US
- Expand into the US and transfer key employees to establish a new US office
- Transfer numerous employees at once with blanket petitions (if they qualify)
L-1A visa requirements
Both the employee and the employer must meet certain requirements for the L-1A.
Employer requirements
Employers must:
- Have a qualifying relationship with a foreign company (a parent, a subsidiary, a branch, an affiliate, or a sister company);
- Have or will have a physical office space; and
- Will be doing business in both the US and at least one other country for the duration of the employees stay in the US as an L-1 visa holder
Employee requirements
Employees must:
- Have been employed by the company abroad for at least one continuous year within the three years immediately before admission to the US; and
- Has a job offer to work in an executive or managerial capacity for the same company in the US
Global HR Solutions
Types of L-1A visas
- New office L-1A: If your company does not yet have an entity or office in the US, you can send foreign employees to establish a new office in the US. New office L-1A petitions are different from regular L-1A petitions because they require additional documentation and are granted for one year initially. After the first year, L-1A visa holders can apply for an extension
- Regular L-1A: A multinational company with an established US office can file a regular L-1A petition to transfer foreign employees to the US. L-1As are initially granted for three years and can be extended for up to seven years
- Blanket L-1A: Eligible employers can file “blanket” petitions for numerous employee transfers simultaneously. To be eligible to file blanket petitions, the employer must:
- Engage in commercial trade or services;
- Have an office in the the US that has been doing business for more than one year;
- Have three or more domestic and foreign branches, subsidiaries, and affiliates; and
- Meet one of the following criteria: - Have obtained at least 10 L-1 approvals in the last 12 months; - Have US subsidiaries or affiliates with combined annual sales of at least $25 million; OR
- Have a US workforce of at least 1,000 employees
The EB-1C immigrant visa: A path to permanent residence
The EB-1C is an immigrant visa that provides managers and executives at multinational companies with a path to permanent residency in the US.
Why would you want an EB-1C visa as an employee?
To become a US permanent resident: with an approved EB-1C petition, you qualify for a green card.
Why would you want an EB-1C visa as an employer?
To incentivize employee performance and offer a permanent immigration solution by providing employees a path to US permanent residency.
EB-1C immigrant visa requirements
Both the employee and the employer must meet specific requirements for the EB-1C.
Employer requirements:
- The US company must have been established for at least one year; and
- The US company must have a qualifying relationship with a foreign company (a parent, a subsidiary, a branch, an affiliate, or a sister company).
Employee requirements:
- Must have been employed by the foreign entity for one continuous year within the three years; and
- Must have worked in an executive or manager role at the foreign entity
Get visa support from start to finish with Deel Immigration
No longer will you be left in the dark during the visa application process. Deel is re-inventing the immigration journey to make it stress-free and predictable for both workers and companies.
Our global HR platform has everything you need to support your global team. You can:
- Check a candidate’s visa eligibility before creating an contract
- Sponsor a worker’s visa through your own US entity while Deel handles the application process end-to-end
- Have Deel hire and sponsor your applicant’s visa if you don’t meet the sponsorship criteria
- Oversee all company immigration activities and costs via your dashboard and receive reminders when work authorizations are due to expire or need renewal
- Continue to support an employee’s journey to becoming a US citizen by supporting the green card for permanent residence
- Create work contracts that comply with all local labor laws
- Run background checks
- Administer benefits and perks, including healthcare, equity, and retirement plans
- Provision equipment and flexible coworking space memberships
- Run global payroll
- Manage your team with Deel Engage plugins for smooth onboarding, time off, pulse surveys, and more
Sound like the ideal solution? Schedule a free consultation with an immigration expert to get your questions answered.
FAQs
What is the difference between the L-1A and EB-1C?
The L-1A is a nonimmigrant visa, whereas the EB-1C is an immigrant visa.
Nonimmigrant visas provide foreign nationals temporary status in the US. The L-1A can be extended for up to seven years. After seven years on the L-1A, a foreign national will need to obtain another nonimmigrant visa, green card, or another form of work authorization to stay in the US.
Immigrant visas enable foreign nationals to apply for a US green card. A pending or approved immigrant visa (such as EB-1C) does not give a foreign national legal status to stay and work in the US.
If a foreign national is “current,” they can apply for an immigrant visa and a green card at the same time. However, they cannot apply for a green card without filing an immigrant visa or other qualifying petition.
Is the EB-1C a green card application?
Immigrant visa petitions like the EB-1C get you a “spot in line” to file a green card application. The EB-1C by itself does not get you a green card.
Can you file an L-1A or EB-1C petition from inside the United States?
Yes. You can file both the L-1A and EB-1C from within the US, as long as you have worked for the foreign entity related to your US employer for at least one continuous year within the past three years.
Can you apply for an EB-1C while in the United States on L-1A status?
Yes, many immigrants file an EB-1C while in the US on L-1A status.
Can the EB-1C be self-petitioned?
Do you have to go through the PERM labor certification process to get an EB-1C approved?
No. The PERM labor certification process is not required for the EB-1C.
L-1A vs EB-1C: Which one is right for you?
If you have more questions about the L-1A and EB-1C and which one is right for you or your employees, consider setting up a call with the Deel Immigration team. Our immigration attorneys and customer support team would love to create a custom immigration strategy for you.
About the author
Jemima is a nomadic writer, journalist, and digital marketer with a decade of experience crafting compelling B2B content for a global audience. She is a strong advocate for equal opportunities and is dedicated to shaping the future of work. At Deel, she specializes in thought-leadership content covering global mobility, cross-border compliance, and workplace culture topics.