For many high-achieving professionals, the path to a U.S. Green Card involves a long wait. If you’ve successfully filed your National Interest Waiver (NIW) I-140 petition your next focus is often finding a viable way to start working in America. Entering the U.S. on an L-1 Intra-company Transferee visa while your Green Card petition is pending is a compelling strategy, but it requires careful planning to navigate the complexities of immigrant versus nonimmigrant intent.
The L-1 Visa Interview: Addressing Immigrant Intent at the Consulate
The most critical factor when combining a pending NIW with an L-1 is intent, and this is where most confusion arises. While the L-1 visa is often mistakenly grouped with the H-1B, it does not explicitly recognize dual intent in the same way. The U.S. immigration services (USCIS) will approve your L-1 petition for an intra-company transfer even if you have a pending I-140 petition showing your desire for a Green Card.
However, the challenge arises when you apply for the L-1 visa stamp at a U.S. Consulate abroad. The consular officer must be convinced of your nonimmigrant intent (that you intend to return home after your temporary L-1 assignment ends). Your pending I-140 for permanent residency is a clear signal that you want to stay, acting as a “red flag” the officer will carefully scrutinize.
To overcome this, you must clearly articulate a strategy. Think of it this way: If your name is Gildong Hong, and you are applying for the L-1, you must tell the officer: “My company is sending me to the U.S. for a temporary three-year assignment, and I will come back to lead the South Korean market office when I’m done.” The key is to demonstrate that the L-1 assignment has a clear, temporary business purpose, making your eventual return a plausible outcome if your Green Card process does not finalize during that period.
Crucial Family Benefit: L-2 Spouses Get Immediate Work Authorization
Moreover, the L-1 visa path provides crucial security for the whole family. The L-1 holder’s spouse, holding an L-2 dependent visa, is automatically eligible to apply for an Employment Authorization Document (EAD) upon arrival. This provides the spouse with open-market work authorization, which is a massive advantage over the spousal benefits available with many other temporary visas, adding economic stability to your family while you await your Green Card.
The NIW’s Greatest Advantage: Flexibility in Your Career Path
Once you have that pending or approved NIW I-140, the greatest benefit is the extraordinary job flexibility it unlocks down the road. The NIW is unique because it is based on your overall field of endeavor, not a specific, pre-defined job offer from a particular U.S. employer.
This flexibility becomes paramount once you transition to the final stage: filing the I-485 to adjust status. If you imagine a long waiting line for your Green Card number to become available, you have to stand in that line. But once your I-485 has been pending for 180 days, you can invoke “AC21 portability.”
For example, let’s say your NIW petition was based on your work as a “Supply Chain Optimization Expert,” and you entered the U.S. on an L-1 to work for “DJ Logistics.” After 180 days of waiting, you can leave “DJ Logistics” and take a job as a “Logistics Consultant” at a different company, “Hangin Transportation,” because both roles fall under the “same or similar” occupational classification. Since the NIW is broad by nature, this standard is far easier to meet than for those sponsored through the restrictive PERM process, giving you incredible career freedom in a changing U.S. market.
Managing Job Changes After I-140
One of the most common anxieties involves changing jobs while the NIW is pending. Many professionals worry about whether they need to tell USCIS if they switched jobs after their I-140 NIW petition is sent and before they receive their green card. The reassuring answer is no, you do not need to report your job changes in real-time to USCIS.
Once the I-140 is filed, your primary responsibility is to continue working within your stated “field of endeavor.” Your new job title, employer name, or specific duties are only formally examined around the visa interview time. Even then, changes are not under strict review unless you totally exit your field of endeavor. The NIW allows you to focus on your career growth, not on immediate immigration paperwork every time you switch roles.
Conclusion
Combining the L-1 visa with a pending NIW I-140 creates a robust and flexible immigration strategy, allowing you to begin working in the U.S. immediately while shielding your long-term Green Card process from career changes. By carefully managing the nonimmigrant intent required for the L-1 and leveraging the powerful job flexibility of the NIW, you can maintain stability for your career and your family. This two-part approach ensures you spend less time worrying about immigration bureaucracy and more time focused on your professional success in America. If you are exploring a nonimmigrant visa and want to know whether an NIW could still be an option, contact us for a consultation.
Thath Kim II
US Attorney
Licensed in Oregon
11F 1108, Seocho-daero 77gil 17, Seocho-gu, Seoul, Republic of Korea 06614