If I have a pending EB-2, can I keep the L-1?

It is common to have doubts when starting an EB-2 process while holding an L-1 visa. Basically, the EB-2 is a category aimed at permanent residency, whereas the L-1 is a non-immigrant visa that allows intra-company transfer for executive, managerial, or specialized roles.

An important characteristic of the L-1 visa is that it allows for ”dual intent”. This means that even while maintaining a non-immigrant status, it is permitted to have the intent to immigrate permanently to the United States. In practice, if you have a pending EB-2, this generally does not prevent you from maintaining the L-1 status, as long as you continue to meet the requirements of your L-1 visa and keep your necessary documentation valid.

In other words, the EB-2 process and the L-1 status can coexist, as there is no automatic rule that voids them mutually. However, it is crucial that you stay attentive to any changes or new requirements that may arise during the process and strictly comply with all conditions imposed by U.S. immigration.

It is always important to emphasize the necessity of following U.S. immigration laws and staying updated on current rules and policies. Consulting qualified and trustworthy specialists can help correctly interpret your specific situation, avoiding pitfalls or easy promises of results that, in reality, may not be fulfilled.

Avoid falling for scams or marketing campaigns that promise miraculous solutions, as each case is unique and analysis must be based on individual circumstances and current legislation. Thus, while your L-1 status is in order and you continue to meet its criteria, maintaining the visa should not be a problem even with a pending EB-2.

It is always recommended to stay well informed and seek professional specialized guidance to correctly navigate all requirements and steps of the immigration process to the United States.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.