L-1A Visa FAQs

Watch the Video on this FAQ:

How can I qualify for EB-1C/International Managers or Executives

Video Transcript

1. Please discuss your job description that is intended in the foreign country outside USA with your lawyers. Make sure you plan for it from day one because if you try to plan for it a year down the line you won't succeed.

2. You can apply an EB-1C and then transfer the priority date from another case. No problem EB-2 and EB-3 can be transferred over. You can come on L-1A. You should definitely at least get your EB-1C started as quickly as possible that my opinion.

3. There is no visa ban in starting the application.

FAQ in detail...

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Watch the Video on this FAQ: Covid Coronavirus Question from

 Employers about Payroll for H-1B and others L-1, E, etc. employees

Video Transcript

If you look at the Department of Labor regulations they say that the employer cannot stop paying a salary or the right amount of salary for anything that the employer does. So if you don’t have a project that's your problem. If by law or by local order you cannot open offices and you cannot work, would you as an employer be allowed to pay a lesser salary and that might be something to look at because rather than laying off all the people that your concerned about I would have you to think about other alternatives. FAQ in detail...

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Watch the Video on this  FAQ: Time of stay and

definition of a manager/executive employee for L-1A and EB-1C

Video Transcript:

Maybe, maybe not. it depends.Looks like you will not qualify, but you never know. FAQ in detail....

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Watch the Video on this FAQ:

Effect of L-1A denial on approved I-140 green card

Video Transcription

If your L-1A is denied and not just the change of status, then we have to look at the reason for denial. Typically L-1A is denied if the government feels that you don't rise to the level of an executive or managerial employee for whatever reason, whether it is on the foreign country side or the US side. If you don't rise to that level government can deny your L-1A and if they are denying the L-1A on that basis and your EB-1C I-140 was approved also with the same or similar job description, then obviously there is a potential impact because the criteria used for determining your eligibility for L-1A and EB-1C are the same as far as qualifying as a manager is concerned.

So indirectly because you are using the same job description you could have a problem with the L-1A denial. Yet now, if it is a change of status which can happen because you file your application two days late then the green card  I-140 remains unaffected but then you have to worry about the unlawful presence problem. If you have been unlawfully present for 180 days you cannot come back for 3 years, except with a 212(d)(3) waiver and that's always a possibility in cases like these. More...

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Watch the Video on this FAQ: Effect of salary variations during L-1A visa

Video Transcript

Ideally, you should be paid what is indicated on the L-1 paperwork, but there's certainly no law that I can point to that mandates that result. It is just a general sense of uneasiness because it could go into eligibility. Also, if your payroll is run with salary plus bonus I think then you should be ok although I haven't researched this issue. Have your lawyers look into it. More...

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Watch the Video on this FAQ: Current immigration/visa options for entrepreneurs

Video Transcript

A few options for Entrepreneurial Visas:

You could come in on E visa, H visa, O visa or TN visa and eventually get a green card based upon various other options including EB-1A if you are extraordinary qualified individual or EB-5 if you are making the required amount of investment and creating the jobs necessary under the rule. 

You can also come in through L-1A if you have a foreign company you have worked outside for that company for at least one year as an executive or managerial employee, you can start a company or buy a company in the United States and transfer yourself or your key managerial employees or employee to the USA. L-1 is the fastest way of getting a green card because L-1 is potentially processed within a few weeks because you can file premium processing and once you are in the USA you can file a EB-1 based green card which will get you seen through the process normally within a year, sometimes as little as three to five months. More ...

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True. The EB-5, the religious visa programs and Conrad 30 waives for foreign physicians have been extended until 8 December 2017 pursuant to H.R. 601 – Continuing Appropriations Act, 2018 and Supplemental Appropriations for Disaster Relief Requirements Act, 2017.

Green card through EB-5 category continues to be an option for a specific category of investors,  who have the money ($500,000 pr $1M) to invest. Under the US Constitution, the government cannot make laws that change vested rights retroactively. Therefore, if you have already invested and filed your EB-5 papers, I don't see why you need to worry about subsequent changes in the law.

Everyone with a running business outside the United States should seriously consider first the EB-1C category, which is considerably more attractive than EB-5 for several reasons. EB- 1C does not require a specific amount of investment, it requires instead only a business in the United States that is a subsidiary, branch, parent or affiliate of a foreign corporation transferring an executive or a managerial level employee to the United States. The managerial or executive employee receives an L-1A visa within a few weeks and can get a green card within a few months.

Watch the Video on this FAQ: Rules for counting 6 years of H-1B

Video Transcript

Any time that you spend on H-1 and L-1 will be counted together. So if you spend two years on L-1B or L-1A you've got four years left on H-1. The second rule is if you go outside the USA for one year the entire period is reset so you could have six years of H-1 back. If you were here on L-1A for seven years, then you went back to your home country stayed there for one year, did not come to the USA and even if you did come for a brief visit and then you have to be out those extra days you came, for example: if you came for 10 days you have to be out for ten days for the clock to be reset. You got your six years of H-1 reset. One thing L-1 is counted towards your H-1 and second thing, if you are outside for one year the period is reset. The next thing you need to know is every day you are outside the USA on H-1 you can recapture every day that you are outside. If you are outside the USA more than six months you get the entire year back. More 

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See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/R4-_pic6TzY?t=103

FAQ Transcript

1. Normally when you have a green card application pending you have exhibited immigration intent. You’ve clearly told the government look I want to live in the US. So filing of a green card is exhibition of an immigration intention. However there are certain kind of nonimmigrant visas that are immuned from the poison of immigrant intent. Those visas are called dual intent visas. Dual intent visas even though they are nonimmigrant visas allow you to have a green card application either filed or almost approved or pending , is no problem at all. L-1 and L-2 are examples of dual intent visas as are H-1 and H-4. These are the visas were even if you have a green card going  there is absolutely no problem.

But tourist visas, student visas, exchange visitor visas like J visas, H-2B visas - these visas do not allow you to have an immigration intention. E-1 and E-2, E-3 are kind of ok. It is pretty complicated but overall they are pretty much to the level of dual intent visas. G visa which is for World Bank employees and international organization employees are also dual intent visas. K visas are dual intent visas. M visas are not dual intent visas. P and Q not dual intent. R probably is ok to have a green card going.

It is important to understand the distinction between dual intent visa which allows you to have a green card going and single intent visa which does not allow you to have a green card going.

So if you have a green card going and you apply for a tourist visa that can be denied. Not necessarily but can be denied. 

2. There are certain things that can be done and I think one is called survivor benefits and the other one is called humanitarian reinstatement. Sometimes those two things can be of use. Look that up if something is not clear. 

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?v=xv_vI7O0d4U#t=441

FAQ Transcript:

The answer to the first question is it can be done. When you apply for an H-1 do not apply for a change of status. That’s up to you. You can tell the employer and make sure you talk to the lawyers. Just say you want an H-1 approval but I do not want change of status. Come October 1st you don’t automatically get on to H-1 but stay on L-1 and you can continue working on L-1 and whenever you are ready you can go outside get visa stamping and come back or apply for change of status within US to H-1 which is like doing the H-1 all over again but you are not subject to the quota. 

1. You can apply for green card without any wait.
2. Yes, but EB-1 is a gazillion times faster for Indian-born people.
3. Degree is not a requirement for international managers/execs.
4. Your employer needs to apply. 

Since A and B are not related, H-1B is the only obvious option to join B. B can start your green card even before you join, but it will not be EB1 (international manager/exec.).

You or any company not a part of the L-1A employer cannot apply for green card based upon your international manager/executive status.

Not entirely true. The GC IS for a future job. An employer CAN, based upon a good faith intention to hire you in the future, file a GC for you even while you are not working for them. But, an EB1 for an international manager/executive can only be filed by a company related to the company you worked for when you were outside USA.

It can take a few months. You can apply for premium processing even when the case is filed and pending.

L-1A holders should try under EB1. You could be done in a year.

Smaller companies can have a tough time getting an L-1A.

There is an exemption of time for people who come to USA and continue working with the same group of companies in USA. Their 3 years are counted back from the date they enter USA.

EB1 can be applied while you are outside USA. A new employer can sponsor only after you have worked for them for one year outside USA.

No, sorry. The basis of an International Manager's or Executive's EB-1 filing is that you must have been employed abroad with a related company for one year. Since you will not be able to meet that criterion, I do not see how that type of EB-1 can be filed through a new company.

L-1A extensions are very difficult unless you meet all the criteria.