If I have a pending EB-2, can I maintain my L-1?

Yes. Having an EB-2 petition in progress generally does not prevent you from maintaining your L-1 status. The reason lies in a core feature of the L-1: it allows what is known as dual intent.

These are paths of fundamentally different natures. The EB-2 is an employment-based immigrant category aimed at permanent residence (the green card). The L-1 is a nonimmigrant visa that allows intracompany transfers of professionals in executive, managerial, or specialized knowledge roles to a U.S. entity.

Dual intent means you can hold a nonimmigrant status while simultaneously having the intent to immigrate permanently, without that being viewed as a contradiction. In practice, a pending EB-2 and a valid L-1 status can coexist: there is no rule that voids one because of the other.

The key is to keep the L-1 in good standing. Continue meeting the visa requirements, keep your documentation valid, and monitor any changes throughout the process. Since each case has its own particulars, it is worth checking updated rules on official sources and reviewing your situation with a specialist.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.