Questions and Answers > EB-5 Requirements

How will applying for an L-1 visa affect my I-526 approval?

My I-526 petition has already been approved. However, considering the waiting time for the NVC/consular processing, is it possible for me to quickly obtain an L-1 visa in the meantime? Could I then adjust status in the United States?

Answers

• Jimena G Cabrera

  Immigration Attorney

  Answered on March 21, 2016

  The L-1 visa is a dual intent visa, so you may apply for it while waiting for the consular processing or visa availability. If granted, you can adjust your status while in the United States.

• John J Downey

  Immigration Attorney

  Answered on March 8, 2016

  You could try and possibly apply for premium processing on the L-1. I would check with the attorney who filed your I-526 (if you used an attorney), if not I would retain one for the L-1 process.

• Abhinav Lohia

  Immigration Attorney

  Answered on March 8, 2016

  L-1A is a dual intent visa. However at the time of entering the United States on an L-1 visa, you should not have an intent to permanently reside in the United States. An approved I-526 is a clear indication of your immigrant intent. Therefore you are advised to wait for NVC processing and enter the United States with a green card.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on March 8, 2016

  The L-1 is a dual intent visa and will not adversely impact an I-526 filing, although be sure to disclose it on the I-129L.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on March 8, 2016

  An L-1 visa petition and/or visa application abroad should not have any effect on your I-526 case. An L-1 nonimmigrant visa is one with "dual intent." This means that you do not have to overcome the presumption that you are an intending immigrant in order to receive this type of nonimmigrant visa. If you are in the United Status in valid nonimmigrant visa status, including L-1 status, and you have an approved I-526 petition with a current priority date, you may apply for adjustment of status.

• Ian E Scott

  Immigration Attorney

  Answered on March 8, 2016

  An L visa is a dual intent visa so you can get that even after a green card (EB-5) petition has been filed. With an L visa, you can enter the United States and adjust status while in the United States.

• Jinhee Wilde

  Immigration Attorney

  Answered on March 8, 2016

  The L-1 visa category is a two-step process: first filing the I-129 with USCIS and when that is approved, you can file the DS-160 at the consulate. The I-129 processing times at USCIS are getting longer recently up to 12 months from what we hear. Thus, since your I-526 is already approved, unless you are from mainland China and stuck on retrogression, you are better off waiting for the DS-260 immigrant visa process, which takes about six months.

• Salvatore Picataggio

  Immigration Attorney

  Answered on March 8, 2016

  It may be hard to get a nonimmigrant visa with an immigrant petition approved. Getting the I-526 approved is hard enough to risk issues with dual intent.

• Raymond Lahoud

  Immigration Attorney

  Answered on March 8, 2016

  Given that a L-1 visa is a dual intent visa, I do not foresee it having any effect on your approved I-526 and your adjusting status in the United States.