There are many categories of employment-based green cards based on job requirements set by the employer and the experience and qualifications of the alien. The second group is “Second Preference” or EB-2. Apply for a business visa instead. However, they may attend school either part or full-time. USA Investment Visa to Green Card: How to Qualify, Apply and Obtain EB-5, E-2, L-1 Visa MIGRATION OF HIGHLY QUALIFIED WORKERS IN EU AND IN THE UNITED STATES: EU Blue Card, the US Green Card and the Visa H-1B Visa DV 2018 Entry Guide Green Card Lottery YOU CAN PARTICIPATE IN THE LOTTERY AND DO IT ALL BY YOURSELF ! If any information (including fees) is missing, inaccurate, or incomplete, the likelihood of achieving either nonimmigrant working status or permanent residency is greatly reduced. Be able (at the time the petition is filed on your behalf) to perform unskilled labor that isn’t temporary or seasonal (requiring less than 2 years training or experience), for which qualified workers are not available in the United States. There are two kinds visas available for L-1B Visa holders who want to get a green card: the EB-2 and EB-3. Many people with an L-1 eventually apply for a green card. If you're a manager or executive, your application is granted first priority. (Qualifying organizations include: parent companies, branches, subsidiaries, or affiliates.). Can't find the answer you're looking for? The L-1b also permits a foreign company without a U.S. office to send an employee with special knowledge to the United States to help establish one. In order for an employee to qualify for an L1, the employer must: The presence of an agent or office of the qualifying organization in the United States and abroad is not enough for this requirement. Once the PERM has been approved, the employer may file the I-140 Immigration Petition for Alien Worker. In either case, the employer begins the process by filing a Form I-129 Petition for a Nonimmigrant Worker. Once you have your PERM labor certification done, your employer will need to sponsor you by filling out Form I-140, Petition for Alien Worker. Recognition for your achievements, and significant contributions to your industry or field. Basically, it means that you cannot be a migrant for this sub-category. The L-1b has a few different requirements for the employee. To qualify for an EB-2 visa, your employer must file a Form I-140, Petition for Alien Worker. An unskilled worker is someone performing unskilled labor (that is not temporary or seasonal) requiring less than 2 years training or experience. You should discuss with your attorney to find out whether you could qualify for this or not. The U.S. Immigration Laws are complex. It allows permanent residency and employment in the United States. A manager is someone who supervises other employees and who oversees departments, subdivisions, and/or certain functions within the company. Now let’s talk about the EB-3. The path from L1 Visa to green card is oftentimes more rocky than the L1 Visa process because green cards are permanent. And the success chances are not becoming any higher. You must provide proof of permanent residence in a foreign country. Business Immigration to America from Vietnam, Comparison of Chinese & Russian Investor Immigration via the EB-1C and E-2 Visa, A Path to Chinese Investor Immigration via the EB-1C Visa, A Path to Chinese & Russian Investor Immigration via the E-2 Visa. Skilled Workers: To qualify for this one, you must have at least two years of job experience or training. Filing the Form I-485 for adjustment of status while in the U.S. takes an average of 10 to 12 months for processing. There are also three sub-categories under EB-3: skilled workers, professionals, or other workers aka unskilled workers. The L-1B Visa is available to transfer an employee with specialized knowledge. USA Investment Visa to Green Card: How to Qualify, Apply and Obtain EB-5, E-2, L-1 Visa MIGRATION OF HIGHLY QUALIFIED WORKERS IN EU AND IN THE UNITED STATES: EU Blue Card, the US Green Card and the Visa H-1B Visa DV 2018 Entry Guide Green Card Lottery YOU CAN PARTICIPATE IN THE LOTTERY AND DO IT ALL BY YOURSELF ! The company must be doing business in the US and in another country as well for the duration of the L1 recipient’s stay. The EB-1C is a permanent resident status visa. The L-1a may be used by U.S. companies to transfer executives or managers into the United States. Once the EB-1 has been approved, it takes approximately 6 months to be issued permanent residence after the I-485 has been filled out and submitted. For the L-1b, it is the same. Apply for L-1 or E-2 visa? What Are the Requirements for Going from an L1A Visa to a Green Card? E-1 Visa to Green Card. The I-140 has an average processing time of 6 months depending on the Service Center that is processing your I-140 form. Along with the Form I-140 Form and under PERM Labor Certification, EB-2 petitions must generally be accompanied by an approved individual labor certification from the Department of Labor on Form ETA-750. For all L-1a employees, requests for extensions may be given in increments of up to an additional two years, until the employee has reached the maximum limit of seven years. Currently be, or will be doing business as an employer in the United States, and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States. The downside of L-1A visa to a Green Card: Only 20% of the requests for this type of visa were approved by the USCIS last year. Once it has been approved and processed, you are officially a permanent resident. Once the EB-2 status is approved, you can apply for a Green Card by using form I-485. However, it might take a few months to receive the physical copy of your Green Card. How to Get a Green Card: A Guide to USA Investment Visas (E2, L1, EB5) (English Edition) USA Investment Visa to Green Card: How to Qualify, Apply and Obtain EB-5, E-2, L-1 Visa L'histoire de Mon Visa pour les USA: Le livre qui vous raconte étape par étape comment nous avons réussi a obtenir notre visa pour les USA. The first one is called “First Preference” or “EB-1” for priority workers. More specifically, you must get approved for an immigrant petition through USCIS(such as an I-130 or I-140) and either adjust status (by filing a Form I-485 with USCIS) or apply for an immigrant visa (by filing a Form DS-260 with the Department of State). An L-1A visa holder also has the option of filing in person by scheduling an interview at a U.S. consulate or embassy in their home country. The only exception being that only two extensions are allowed, resulting in a limit of five years in the United States. Specialized knowledge means advanced expertise vital to the employer’s research, products, services, equipment, and processes as they relate to conducting business in the international marketplace. If that is unavailable to you, … The amount of time that you will to wait depends on the kind of green card that you apply for and your country of origin. If you have an L-1 visa, you can apply for a green card via a two-part process. With that, they must determine which type of L-1 to file for: L-1a for executives and managers, or L-1b for employees with specialized knowledge. How to Get a Green Card: A Guide to USA Investment Visas (E2, L1, EB5) (English Edition) USA Investment Visa to Green Card: How to Qualify, Apply and Obtain EB-5, E-2, L-1 Visa L'histoire de Mon Visa pour les USA: Le livre qui vous raconte étape par étape comment nous avons réussi a obtenir notre visa pour les USA. L-1B Visa holders must obtain a PERM Labor Certification from the U.S. Department of Labor, an additional step not required for L-1A holder to become eligible for an employment-based immigration visa. L-1 Visas allow certain qualified individuals to enter and reside in the United States for a specific period of time. There are different avenues through which one can get a green card. In the EB-1 category, the employer of the immigrant files Form I-140, Petition for Immigrant Worker. However, the employee should consider the additional travel expenses and other costs of returning home. For those with with an L-1 visa, the best Green Card to apply for is the EB-1. Careful planning including moving forward upon a legitimate offer relieves the stakeholders of unnecessary stress during the wait time for the lengthier process. It also allows a foreign company that does not yet have a U.S. office, to send an executive or manager to the United States, with the purpose of establishing one. That’s the role of ACS Law Offices, Inc. Each form that is filed must be accompanied by other forms and documentation, none of which can be missing, inaccurate, or incomplete. Just like there are different L-1 visas, there are also different Green Cards. These are for immigrants with extraordinary abilities in the sciences, arts, education, business, or athletics, outstanding professors and researchers; or certain multinational managers and executives. These three sub-categories do not require you to have an advanced degree, but they are require that there is not available qualified worker here in the United States for the job you will do. At present there has been no passage of legislation that allows for transition to green card status, but we … Evidence that you have commanded a salary, or other compensation for services that demonstrates your exceptional ability. The date the USCIS receives the I-140 becomes your “priority date.”. In order to apply under this category, you have to meet the following requirements: Except in very rare cases, the employer must file for an EB-1C Visa on behalf of the L-1A visa holder using a Form I-140, Immigration Petition for Alien Worker. But if you have an L1 visa you can petition for a change of status and begin the process of applying for a green card. You may be principally employed outside the U.S. and receive one if you come to the U.S. to work on a short term basis. Most EB-3 cards waiting period ranges from a few months to several years. No matter which green card you choose, the first step will be to ask your employer to sponsor you for your green card. NO need for expensive agencies; Detailed information; complete step … (Total duration of five years.). A major advantage of acquiring your green card through the EB-1 category is that you can avoid the complex labor certification process. For all other employees, the max initial stay is up to three years. L-1 visas may either last for an initial maximum of one or three years, depending on whether the applicant is establishing a new office or moving into an existing one. L-1A and L-1B Visa holders who wish to become permanent residents in the U.S. may do so by requesting a status change from an L-1 Work Visa to an EB Employment Based Visa. The date that the USCIS receives your petition will become your “priority date”. To qualify for the visa, you must prove that you did not intend to immigrate to the U.S. before being granted the L1 Visa. Allow for extra processing time for both the EB2 and the green card. Exceptional Ability Sub-category: To qualify for this one, you must have a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business. In addition, forms and applications require processing fees at the time of filing. The total possible amount of time a foreign employee may remain in the U.S. under an L-1A status is seven years. Many times, businesses require employees to take part in international work. The date the USCIS receives the I-140 becomes your “priority date.” Once the USCIS monthly bulletin identifies a petitioner’s priority date as current, the employee may file the I-485 Application to Register Permanent Residency or Adjust Status. L-1 Visas allow certain qualified individuals to enter and reside in the United States for a specific period of time. These are Employment Based or “EB” Green Cards. How to Get a Green Card: A Guide to USA Investment Visas (E2, L1, EB5) (English Edition) USA Investment Visa to Green Card: How to Qualify, Apply and Obtain EB-5, E-2, L-1 Visa L'histoire de Mon Visa pour les USA: Le livre qui vous raconte étape par étape comment nous avons réussi a obtenir notre visa pour les USA. Membership in a professional association(s). Each dependent of the employee requesting employment-based immigration should file a separate I-485 Application to Register Permanent Residency or Adjust Status as a “derivative applicant” along with the L-1 Visa holder’s application. The L-1 is a work visa that allows a U.S. employer to temporarily transfer an employee from one of its foreign offices, to one of its offices in the United States. The maximum extension limit on an L-1 visa is seven years –– though it is possible to switch from an L-1 visa to a green card. Employees with specialized knowledge would enjoy the initial up to three-year period of stay in the U.S.A., with possible one two-year extension. How to Get a Green Card: A Guide to USA Investment Visas (E2, L1, EB5) (English Edition) USA Investment Visa to Green Card: How to Qualify, Apply and Obtain EB-5, E-2, L-1 Visa L'histoire de Mon Visa pour les USA: Le livre qui vous raconte étape par étape comment nous avons réussi a obtenir notre visa pour les USA. Il vous permettra d'économiser du temps et de l'argent. Although the objective is the same, L-1A and L-1B Visa holders must follow slightly different paths to get to a permanent EB status. In order to qualify for the EB2 status, one must meet three of the following: If you meet at least three of these requirements, then you can file for an EB-2. Have a qualifying relationship with a foreign company. This U.S. employer must be an affiliate, a subsidiary, or other legal entity of the foreign employer, for which you worked with abroad. An executive is defined as a person who has a great deal of oversight and decision-making responsibility within the organization. The E-1 is fortunately considered a “dual intent” visa, which means that holders are able to pursue immigrant status. No person or business should attempt to navigate the process without expert legal advice. – At this time the E1 visa does not automatically enable to you to qualify for a green card although there is always talk in Congress about changing the law so that after being in E1 status for five years investors would be able to qualify for a green card. Obtaining the PERM Labor Certification adds time to the process. You do not need to be a full time US employee to obtain an L-1 visa. please im need aske how i cane change stuts from b2 to la1 visa. We're here to help! The PERM labor certification usually takes about 8 months. NO need for expensive agencies; Detailed information; complete step … For both an L-1a and L-1b, qualified employees coming the United States to establish a new office will be allowed a maximum initial stay of one year. The EB1 … Have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States. That Bachelor’s degree is the normal requirement for entry into the occupation. Generally, the processing time for an EB-1 Visa is about 8 months. Other comparable evidence of eligibility is also acceptable. Requirements for L1 Visa to Green Card The L1 Visa is a dual-purpose and temporary nonimmigrant visa. Requests for L-1B Visa are originated by the employer on behalf of the hopeful immigrant just as with they would for an L-1A candidate. Does the E1 Visa Lead to a Green Card? Because the EB-2 Visa was created for people who hold an advanced degree or possess exceptional abilities, the stakeholders must prove that the candidate has those qualifications and that the job requires them. An L-2 is valid for the same duration of stay as the spouse/parent holding either L-1A or L-1B Visa. NO need for expensive agencies; Detailed information; complete step … The I-485 once completed has an average wait period of 6 months as well. In the EB-1 category, the employer of the immigrant files Form I-140, Petition for Immigrant … In order to qualify for an EB-3, each category has different requirements. This visa is extremely hard to renew if your company is not growing/developing. How to Get a Green Card: A Guide to USA Investment Visas (E2, L1, EB5) (English Edition) USA Investment Visa to Green Card: How to Qualify, Apply and Obtain EB-5, E-2, L-1 Visa L'histoire de Mon Visa pour les USA: Le livre qui vous raconte étape par étape comment nous avons réussi a obtenir notre visa pour les USA. The path from an L1A visa to a green card is smoother than most, but that doesn’t mean it doesn’t have its own … Next, you submit Form I-485, Application … There are many ways to get lost in the system, but there are also many ways an expert Immigration Attorney can leverage the system to the advantage of their clients. Professionals: To qualify for this one, you must have a bachelor’s degree, and the job you are going to do usually requires a bachelor’s degree. Be able to demonstrate possession of a U.S. Bachelor’s degree, or foreign degree equivalent. The consular interview process can be quicker and less expensive than filing in the U.S. After your employer has filled out Form I-129, Petition for a Nonimmigrant Worker, it usually takes about six months to a year to process the petition and issue the L1 visa. Managerial capacity is the ability of the employee to supervise and control the work of professional employees, and to manage the organization, or a department, subdivision, function, or component of the organization. I-140 Immigrant Petition for Alien Workers, Coronavirus - An Inconvenience and an Opportunity, The U.S. Government Supports Small Businesses affected by Coronavirus, 15+ Reasons the E-2 May Be Better than the EB-5 for Some Investors, EB-5 Program Is Still a Good Deal for Immigrant Investors, The E-2 visa is becoming available to Israeli citizens starting from May 1, 2019. One way is through employment in the United States. If you don’t have such advanced degree, a bachelor’s degree plus five years’ working experience in the same filed could be considered as an equivalent. An L1 visa is a dual intent visa that typically requires visa holders to apply for an employment-based green card. They need: Specialized knowledge is an individual’s knowledge of the organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures. Making the Transition from an L-1 Visa to a Green Card. If someone comes to the US on a non immigrant visa, they will have to renew. To have been working for the company abroad for one continuous year within three years of applying to work in the United States. Be seeking to enter the United States to provide service in an executive, or managerial capacity for a branch of the same employer or one of its qualifying organizations. It may also refer to the employee’s ability to manage an essential function of the organization at a high level, without direct supervision of others. EB-1C visa is the option for multinational manager or executive who wants to obtain Green Card. A license to practice your profession, or certification for your profession or occupation. The L-1A Visa is available for the transfer of executives or managers of the company. This requires the employer to follow a specific recruitment process to ensure that no qualified U.S. workers are available to fill the position and that you are going to be paid the prevailing wage for that job in the part of the country where the company is located. Both of these two visas are employment-based immigration visas, but they have different requirements. The L-1 Visas are U.S. government-issued, non-immigration residency permits. The details of these two sub-categories will be explained as follows: The second category is the EB-3 immigration visa. As such, this article is about the L1 visa, what you need to know about it, and how to move from the L-1 visa to Green Card. Once your priority date is current, you can submit your I-485 form to have your status adjusted to legal permanent resident. Depending on the position(s) each employer needs to fill, they may request either an L-1A or an L-1B Visa. The EB-3 Visa was designed for the benefit of candidates with bachelor’s degrees regardless of skill level. The third level is the “Third Preference” or EB-3. There are two types of L-1: the L-1a and L-1b. If you cannot satisfy the requirements for EB-2 visa, you may try to apply under EB-3 visa. This is because they are most likely executives or managers within their company. This includes a 30-day job order requirement, an extra 30-day waiting period after the job order, and a 6-month processing time for the ETA-9089 application. Then an employer must file a Form I-129, known as a Petition for a Nonimmigrant Worker, with a fee, on behalf of the employee so they can be considered for an L-1. This is because they are most likely executives or managers within their company. The L-1 is not limited to specific countries. Executives and managers of an existing business in the U.S. are typically granted an initial visa up to three years with the possibility of obtaining as many as two two-year extensions. L1 Visa to Green Card: Dual Intent. For help on how to fill out the I-485, check out SimpleCitizen. L-1 Visas were created specifically for intracompany transfers of current employees of businesses already located in the U.S. or, in some instances, in the process of … The L-1 is a “dual intent” visa. The ACS Law Offices, Inc. experienced legal team advises and assists visa applicants through the entire process efficiently and expediently. As a petitioner, the U.S. employer must have been doing business for at least one year in the United States. As a beneficiary, you must have been worked as a manager or executive with the foreign employer for at least one year in the three years before filing the petition, and you are entering the United States to continue work for the same employer. Il vous permettra d'économiser du temps et de l'argent. USA Investment Visa to Green Card: How to Qualify, Apply and Obtain EB-5, E-2, L-1 Visa MIGRATION OF HIGHLY QUALIFIED WORKERS IN EU AND IN THE UNITED STATES: EU Blue Card, the US Green Card and the Visa H-1B Visa DV 2018 Entry Guide Green Card Lottery YOU CAN PARTICIPATE IN THE LOTTERY AND DO IT ALL BY YOURSELF ! Visas other than the L1A or L1B often require the applicant to prove that they intend to return to their home country. Dependent children may not obtain an EAD under the L-2 status. To be providing specialized knowledge to a branch of the same employer or one of its qualifying organizations instead of seeking to enter the US to provide managerial or executive services. A major advantage of acquiring your green card through the EB-1 category is that you can avoid the complex labor certification process. Other Workers aka Unskilled Workers: To qualify for this one, you must be capable of performing unskilled work, which cannot have a temporary or seasonal nature. Along with these requirements for the employer, there are different requirements for each the employees and the two types of L-1 visas. To start the application process, an employee must meet the requirements of years working for the company as stated above. This is the category for those who fall under the skilled worker, professional, or other worker status. An applicant’s spouse and their minor-age, unmarried children are eligible for an L-2 visa. The L-1 Visas are U.S. government-issued, non-immigration residency permits. Official academic record showing you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability. This is for immigrants who have a profession that requires an advanced degree, have exceptional ability in the sciences, arts, or business, or are seeking a national interest waiver. Our integrity is your assurance that we will help you find the best route to living legally in the United States so that your immigration dreams can come true. Along with the requirements for each of these categories, ALL of the above parties must provide evidence of labor certification, and a permanent, full-time job offer. The above encompasses the labor certification process. Although L-1 Visas do not grant permanent residency, foreign nationals who have entered the U.S. via an L-1 may apply for permanent residency while holding an L-1. If you have an L-1B visa, your employer must file both Form I-140 and a labor certification, which proves a lack of qualified workers in the states who can perform your job. Form I-129, known as a Petition for a Nonimmigrant Worker, Form I-129, Petition for a Nonimmigrant Worker. In this context, doing business is defined as regular, systematic, and continuous providing of goods and/or services by a qualifying organization. It must be filled out by their employer in the US, which also has to be their same employer in their home country. First, your employer submits Form I-140, Petition for Alien Worker, to USCIS. Be performing work for which qualified workers are not available in the United States. L1 Visas are not. There are two situation that you should apply under this category: either your job requires you to have an advanced degree, or it requires you to have exceptional ability. The process from an L1-b to a green card is a little more difficult. If you are only coming for meetings, conferences, trainings, or other such events, these are not considered productive employment. With them, the I-485 process becomes faster, and much more user-friendly. The Intra-Company Transfer, or L-1 visa, is a non-immigrant work visa for a qualifying employee of a multinational company to be temporarily transferred to a parent, branch, affiliate or subsidiary of the same company in the United States. This gives the government a chance to correct any initial mistakes. The company in the U.S. must have a “qualifying relationship” with the company for which the employee has been working outside the U.S. A parent company, a subsidiary, a branch, or an affiliate constitute qualifying relationship. 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