L1A to green card

[tangwh2013]

Hello,

I was transferred to US at Jul 2011 under L1B, early this year my employer applied L1A for me and now it's approved. Since my employer is a multinational company, we have tons of international employees, the policy is not to sponsor any green card application.
So can I apply for green card by myself based on L1A? I'm married, my wife has L2.

Thanks.

[raghvi]

Hello,

I was transferred to US at Jul 2011 under L1B, early this year my employer applied L1A for me and now it's approved. Since my employer is a multinational company, we have tons of international employees, the policy is not to sponsor any green card application.
So can I apply for green card by myself based on L1A? I'm married, my wife has L2.

Thanks.

Unfortunately you cannot.

This is my opinion not legal advice.

[tangwh2013]

Unfortunately you cannot.

This is my opinion not legal advice.

thanks, but any good attorney can work on this? and what's the minimum that I need from the company? I can finance the case.

[raghvi]

thanks, but any good attorney can work on this? and what's the minimum that I need from the company? I can finance the case.

Green Card is for future employment. Your current employer or any future employer should get a labor certification and then file a Form I-140, Immigrant Petition for Alien Worker, for you. Some immigrant categories allow you to file for yourself (“self-petition”). This option is available for either “Aliens of Extraordinary Ability” or certain individuals granted a National Interest Waiver.

Do check with a good attorney for determining the best route forward.

This is my opinion not legal advice.

[nicoeppersma]

Green Card is for future employment. Your current employer or any future employer should get a labor certification and then file a Form I-140, Immigrant Petition for Alien Worker, for you. Some immigrant categories allow you to file for yourself (“self-petition”). This option is available for either “Aliens of Extraordinary Ability” or certain individuals granted a National Interest Waiver.

Since he is L-1A, no PERM is necessary.

[binoca82]

Since he is L-1A, no PERM is necessary.

Not really, EB-1 do not require PERM not L1-A, and L1-A may not be an eligiblity for EB-1.

[nicoeppersma]

Not really, EB-1 do not require PERM not L1-A, and L1-A may not be an eligiblity for EB-1.

I would strongly recommend not posting after you consumed large amounts of mind altering substances.

The EB-1c and L-1A eligibility requirements are very similar and both require managerial experience abroad.

[binoca82]

I would strongly recommend not posting after you consumed large amounts of mind altering substances.

The EB-1c and L-1A eligibility requirements are very similar and both require managerial experience abroad.

I do not disagree with the above comments.
But your comment - "Since he is L-1A, no PERM is necessary." - is wrong, that's what I pointed out.

[nicoeppersma]

I do not disagree with the above comments.
But your comment - "Since he is L-1A, no PERM is necessary." - is wrong, that's what I pointed out.

So you're saying he needs PERM?

[binoca82]

Yes - if the GC category is EB2/3. No - if EB1.

[nicoeppersma]

Yes - if the GC category is EB2/3. No - if EB1.

Which is exactly what I said:

Since he is L-1A, no PERM is necessary.

You wrote that the current (or future) employer should get a labor certification prior to filing the I-140. I merely pointed out that PERM is not a requirement given TS's current status as an L-1A visa holder which implies that he meets the requirements of EB-1c. You then replied with an unparseable sentence denying that is not required.

[binoca82]

"TS's current status as an L-1A visa holder which implies that he meets the requirements of EB-1c."
This is wrong, neither L1A is a requirement for EB1 nor it makes any one eligible for EB1.
That's what I was trying to point out.

[nicoeppersma]

"TS's current status as an L-1A visa holder which implies that he meets the requirements of EB-1c."
This is wrong, neither L1A is a requirement for EB1 nor it makes any one eligible for EB1.

Please read again. I am not saying that L-1A is a requirement nor proof of eligibility for EB-1c. Admission as an L-1A intra-company transferee merely implies that the eligibility requirements for the EB-1c category have been met. The USCIS manual specifically points adjudicators to this in the following text in the USCIS Adjudicators Field Manual:

(H) Evaluating E13 petitions filed on behalf of L-1A nonimmigrants :

In some cases, you may be required to adjudicate an E13 petition that was filed on behalf of a manager or executive who was previously granted L-1A nonimmigrant classification as a nonimmigrant manager or executive. Though the prior approval of an L-1A petition on behalf of the alien may be a relevant consideration in adjudicating the E13 petition, you are not bound by the fact that the alien was previously accorded the L-1A classification if the facts do not support approval of the E13 petition. Eligibility as a n L-1A nonimmigrant does not automatically establish eligibility under the E13 criteria for extraordinary ability; each petition is separate and independent, and must be adjudicated on its own merits, under the corresponding statutory and regulatory provisions.


You should be aware that some courts, notwithstanding the fact that each petition must be adjudicated on its own merits, have asked USCIS to provide an explanation as to why, if the alien had previously been classified in a roughly analogous nonimmigrant category, USCIS has determined that the alien is not eligible for classification in the employment-based immigrant visa classification in question. For this reason, where possible, it would be appropriate to provide a brief discussion, geared to the specific material facts of the underlying I-140 petition , as to why, notwithstanding the previous nonimmigrant visa petition approvals, the petitioner has failed to meet its burden to establish eligibility for approval of its I-140 petition.

So in short, L-1A visa holders will in general be eligible for the EB-1c category, but this is not an automatic assumption and each petition will be adjudicated on its own merits.

And if you read between the lines, USCIS is actually saying: "if you deny an L-1A visa holder EB-1c classification, you better get your facts straight and well-documented, and prepare to defend yourself in court".

[binoca82]

Again, I do not disagree with you comments.
But, your statement - "Since he is L-1A, no PERM is necessary." - is technically wrong.
It can be corrected as "If he is eligible for EB1, no PERM is necessary."

[nicoeppersma]

Again, I do not disagree with you comments.
But, your statement - "Since he is L-1A, no PERM is necessary." - is technically wrong.
It can be corrected as "If he is eligible for EB1, no PERM is necessary."

My statement is not technically wrong. He entered the U.S. as an L-1B and his employer amended his petition to meet the L-1A requirements, and this was approved. This means that he meets or exceeds the requirements of the EB-1c category. Not a single immigration attorney in their right minds would file a EB2 based I-140 for such a beneficiary.

Read this post for a more elaborate justification of my arguments.