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GC processing for L1B Managers under E1BC category

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  • GC processing for L1B Managers under E1BC category

    I was 1+ year manager before entering to US as L1B and offered a job as people manager.
    I want to apply for green card.
    I came to know that managers with L1B can still apply for under EB1C category where you dont need to go through labor certification process.

    Q is
    1. How common is this to apply for GC under EB1C when you are manager on L1B?
    2. How probable it is to get GC in above situation.

  • #2
    Originally posted by Envy View Post
    I was 1+ year manager before entering to US as L1B and offered a job as people manager.
    I want to apply for green card.
    I came to know that managers with L1B can still apply for under EB1C category where you dont need to go through labor certification process.

    Q is
    1. How common is this to apply for GC under EB1C when you are manager on L1B?
    2. How probable it is to get GC in above situation.
    L1B and managerial/executive work generally not compatible. If you are in L1B you typically should be doing technical work , and if you are doing Managerial work, your company should have moved you from L1B to L1A.

    Also, People Management is generally not an acceptable use if L1A.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      L1B and managerial/executive work generally not compatible. If you are in L1B you typically should be doing technical work , and if you are doing Managerial work, your company should have moved you from L1B to L1A.

      Also, People Management is generally not an acceptable use if L1A.

      This is my opinion not legal advice.
      I am 100% people manager with no tech work. I think my lawyer made a mistake and file a L1B case instead of L1A, as it was filed as L1B the VO still was kind enough to approve as he did not wanted me to go back and repeat the stuff. But now issue is GC processing .

      Comment


      • #4
        Originally posted by Envy View Post
        I am 100% people manager with no tech work. I think my lawyer made a mistake and file a L1B case instead of L1A, as it was filed as L1B the VO still was kind enough to approve as he did not wanted me to go back and repeat the stuff. But now issue is GC processing .
        Just because you are a people manager doesn`t mean you fully meet the criteria of Manager/Executive. If you are a manager of a manager, that will be the best description. The visa was intended for high level managers. Lawyers know the process, in most cases, and if they know your company and do immigration for your company, they know better what is the most appropriate visa for your case, based on organizational charts, job descriptions, pay grade and so on. If they decided for L1B, probably they were thinking you are a people manager but still perform tasks in a relevant % of the time. So they went for L1B. L1A should be used for managers who do not perform tasks but manage people and functions...most have managers reporting to them and those managers have other managers...this will be easy to sustain for L1A. All other cases can be weak, have the visa denied or, later, have the GC denied. Nowadays with people asking the congress to stop issuing L1A, cases are being reviewed in details - what I think it is an excellent practice.

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