L1A or L1B or EB1 GC

[matrix1781]

Hi

 

I am an Indian national currently working in UK. I work as a manager for an oil company and am looking to move to the US. I have doen a bit of reading on various visa categories but am unclear on a few things. I have worked a manager from Jan 2010-Jan 2012 (in Saudi Arabia) then moved to UK worked on a staff role till May 2013 and have since worked as a manager again.  I know L1B would be a straight forward option but reckon that it will take longer for a GC. 

 

I have a few questions

 

If I apply for a L1A and come to US, how quickly can i get a GC. Can my company apply for EB1 instead of going through the hassle of L1A? is EB1 equivalent to a GC or will it take more time to get a GC after EB1? If I end up getting a L1B for ease of process what is the quickest way to get a GC?

 

Apologies for multiple questions, but want to make sure that I get it right before i start talking with my company.

 

Thanks

 

Raj

[catx]

There are a few corrections to your understanding of the U.S. immigration and permanent residency (green card) processes.  A couple of the points ... (1) You do not apply / file for a L visa.  It is an employment visa that must be applied / filed for by the sponsoring employer.  (2) There is no such thing as an EB1 (EB2, EB3) document (visa, etc.).  it is an employment based (EB) preference category associated with the permanent residency application process.

 

As general information you are asking about two potential permanent residency (green card) processes.

 

One is that you are sponsored for a L-1B visa*, and upon approval you enter the U.S. and work for your employer.  For permanent residency your employer would then file a PERM labor certification application with the Department of Labor (DoL), which gives you a priority date (PD); and upon its approval file an I-140 petition with the USCIS under the EB-2 or EB-3 preference category based on the job description education and experience requirements; and then upon its approval and your priority date being current in the monthly Department of State Visa Bulletin an I-485 adjustment of status (AoS) application can be filed for a permanent residency visa (green card).  The PERM labor certification application and I-140 petition preparation, filing, processing, and approval processes typically take around 12 months assuming no audits or requests for evidence (RFE).  The backlog for priority dates for Indian nationals in the EB-2 and EB-3 preference categories is 10+ years.  * You may not necessarily qualify for a L-1B visa, in which case you would probably need to be sponsored for a H-1B visa.  The permanent residency process is the same.

 

Two is that you qualify for and are sponsored for a L-1A visa, and upon approval you enter the U.S. and work for your employer in a similar management position as you had outside the U.S.  In that case you may qualify for permanent residency under the EB-1C employment based preference category, under which your employer could then directly file an I-140 petition (which gives you a priority date) and since there are no backlogs in the EB-1 preference categories (the priority dates are current in the monthly Department of State Visa Bulletin) an I-485 adjustment of status (AoS) application can also be filed for a permanent residency visa (green card). The permanent residency (green card) process would typically take around a year assuming no RFE.

 

It is good that you are doing your own research.  However, you will still need guidance from an authoritative source, who will likely be your employer's immigration attorney.  Remember you are asking about employment sponsored permanent residency processes, and as such many of the steps must by law be done and paid for by the sponsoring employer.

[matrix1781]

 In that case you may qualify for permanent residency under the EB-1C employment based preference category, under which your employer could then directly file an I-140 petition (which gives you a priority date) and since there are no backlogs in the EB-1 preference categories (the priority dates are current in the monthly Department of State Visa Bulletin) an I-485 adjustment of status (AoS) application can also be filed for a permanent residency visa (green card). The permanent residency (green card) process would typically take around a year assuming no RFE.

 

 

Thank you catx for the detailed response. One more question, can the employer directly file for an I-140 whilst I am still in UK rather than sponsoring me for an L1A first and then file for I-140

[catx]

I believe there is a process for filing an I-140 petition under the EB-1C preference category while the foreign manager or executive is outside the U.S. then apply for the permanent residency visa (green card) through consular processing (CP), and then enter the U.S. and work for the employer in a similar manager or executive position.  At some point in the process you will need a visa (L-1A or permanent residency / green card) to enter the U.S.  This needs to be checked with an authoritative source.  Importantly, for all EB-1 preference categories (A, B, and C) the immigration process needs to be handled by a qualified, experienced immigration attorney starting with initial consultations regarding options for the particular situation.

 

There are two important points to keep in mind.  First, the USCIS treats each immigration case and filings as unique, i.e. what worked or did not work for one person may or may not work or not work for another in apparently the same or similar situation.  Two, the USCIS has been increasing its scrutiny of all EB-1 preference category cases and filings, in part due to increased use of this preference category because of the backlogs in the EB-2 and EB-3 preference categories.