Individuals maintaining an L-1 visa have the option to acquire their green cards and become permanent residents without having to lose the L-1 status; by utilizing the EB-1C employment-based visa, the third-party preference category that was made for managers and multinational executives. The qualifications under this category are similar to those for the L-1A visa requirements. The basic requirements for the EB-1C visa are as follows:
- The applicant must have been employed in the United States for a minimum of one year with an affiliate, subsidiary, parent or sister of his or her U.S. employer.
- The homeland employer of the applicant must be involved in regular transactions for good or services with the United States or other countries.
- The applicant must be employed as an executive or a manager in the United States.
- The employer of the applicant must have an established business in the United States that has been in existence for a minimum of one year.
L1A Status Given Strong Preference for EB-1C
If EB-1C applicants have L-1A status, they are highly considered for the EB-1C status. Another benefit of the employment-based visa top preference category is that applicants do not have to have their PERM Labor Certification distinction. This certification is meant to minimize any negative impact of the employment opportunity on U.S. work wages or conditions. Applicants must have plenty of both funds and time to obtain PERM Labor Certification.
Procedure For Adding EB-1C To L1-A Green Card Status
Employers of applicants must submit the Petition for Alien Worker form or Form I-140 to the USCIS. Priority dates are typically current. If the priority dates are current, employers may also file for status adjustment of the alien worker. They may not file for this status if the priority dates are not current. When the applicant does not currently live in the United States, he or she must wait to be approved for the I-140 before being processed by the consulate.
Procedure For L-1B Change To Green Card Status
Applicants who have L-1B status must complete the process for PERM Labor Certification. The applicants may be subject to long waiting periods unless their applications are submitted under the Outstanding Researchers and Professors or Extraordinary Ability exception categories. To gain a card for permanent residency with L-1B status, eligible applicants must file under the EB-3 category or the EB-2 category. Applicants may also file under the National Interest Waiver. Those who have L1-A status may seek immigration benefits using the family-based immigration procedures.
How Our Firm Can Help You
Our firm is experienced in filing applications for permanent residency for immigrants who currently have or have had L-1A status in the past. We can assist both employers and employee applicants in determining qualification under the EB-1C category or, other employment based preference categories. For more information or for assistance in submitting an application, please contact Pride Immigration Law Firm PLLC. We offer consultations by phone and at our offices so that you can make a well informed decision.
Beeraj Patel, Esq.
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