Asked in Immigration Law for California

Q: Which visa is better for IT expert in AI: L1 or O1 for green card path?

As an IT expert specializing in AI with notable projects, currently residing outside the U.S. and looking to find a sponsor, I am considering applying for either an L1 or O1 visa. My goal is to eventually apply for an EB2 visa to obtain a green card and pursue citizenship in the future. Given my qualifications and career achievements, could you advise on which visa, L1 or O1, would be more suitable for me to start with?

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2 Lawyer Answers

A: L1visa is best if you already work for a multinational company with a U.S. branch, as it offers a clear path to a green card (especially through L1-A → EB-1C). The O1 visa is ideal if you have extraordinary achievements in AI (e.g., patents, awards, publications) since it allows you to self-petition for an EB-1A green card without employer sponsorship. If you’re seeking a sponsor from outside the U.S., the O1 may be more flexible, but if you can secure an L1 transfer, it could lead to a smoother green card process.

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Answered

A: If you're aiming for a green card and eventual citizenship, the O-1 visa might be the stronger starting point, especially if you have a strong portfolio with notable achievements, publications, or awards. The O-1 is merit-based, and it highlights your individual accomplishments, making it a natural stepping stone toward an EB-1 or EB-2 green card. Since you’re outside the U.S. and looking for a sponsor, the O-1 gives more flexibility with employers and doesn’t require prior employment with a company abroad.

The L-1 visa, on the other hand, is tied to internal company transfers. You’d need to have worked for a company for at least one continuous year within the past three years before being transferred to its U.S. office. It’s more rigid and limits you to that specific employer, though it can still lead to a green card under the EB-1C category if you're in a managerial role.

Since your long-term goal includes a green card and you already have notable projects, the O-1 may align more closely with your trajectory. It puts the spotlight on your personal credentials rather than company structure. Just be prepared to document your work in detail, and start connecting with potential sponsors who understand your value.

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