Does L1A to GC conversion need PERM certification?

[byrdewear]

Hello all,
I'm currently on L1A and the family are all on L2 - we have been in the US for around 10 months now (we are all British)
The company started the "PERM" process by the end of last year - I didn't pay much attention to it. But then they approached me to get VOE (verification of employment) from my previous employers and I was discussing this with one of my colleagues who was in the same boat as me and he said that's not necessary.
I've been reading a few online articles and everything suggests that PERM certification is not required for L1A.

The company is a multinational company and is using a reputable law firm who also got me the L1A within a week so I am a little surprised they would get this wrong?
Any thoughts will be appreciated
thanks,

[raju146159]

If you hold a L-1B you will need a PERM but if it's L1-A then you can file your I-140 directly without a PERM. You will receive your priority date at the tone of filing your I-140. You need to talk to your attorney team. PERM is definitely not needed

[byrdewear]

Thanks Raj, as suspected. I think these attorney firm ‘fleeces’ the company because PERM certification means more billing hours; I’ve seen that with other firms that we engage too.
i definitely have L1A; it was a blanket L1 application (for the company) and my I-129S says L1A.
Do you think I should just file on my own? Would that be frowned upon? Or should I contract a firm on my own?
thanks

[raju146159]

If i were you i would definitely seeks a professional immigration attorney. Its always adviced to take the legal help rather than we do on our own. Get in touch with a best immigration attorney in your area, only they will know the roadblocks ahead. All the best

[Libra_14]

Hello all,
I'm currently on L1A and the family are all on L2 - we have been in the US for around 10 months now (we are all British)
The company started the "PERM" process by the end of last year - I didn't pay much attention to it. But then they approached me to get VOE (verification of employment) from my previous employers and I was discussing this with one of my colleagues who was in the same boat as me and he said that's not necessary.
I've been reading a few online articles and everything suggests that PERM certification is not required for L1A.

The company is a multinational company and is using a reputable law firm who also got me the L1A within a week so I am a little surprised they would get this wrong?
Any thoughts will be appreciated
thanks,

Filing for PERM or not is decided on which Employment based Green card your company is sponsoring you.

For EB1 category you do not need PERM, but for EB2 or EB3 you need to file PERM.

An L1A can also go through EB2 or EB3 - its your company's decision on which category they want your GC to be filed.

[byrdewear]

Thanks Libra
I had a chat with the company HR today - they are open to both i.e. EB1 or EB2. Apparently, EB2 is preferred as there is a premium option in the latter part of the process whereas no premium option is available with EB1 - according to them, both will have the same timescale. Based on my country of birth, the status is current, up until now. They are open to file under either EB1 or EB2 and asked for my preference.
What would you do?
Thanks,

[byrdewear]

I just checked the relevant USCIS page for premium processing - EB1 is not eligible whereas EB2 is

https://www.uscis.gov/us-visa-and-immigration-forms/how-do-i-request-premium-processing

[Libra_14]

Thanks Libra
I had a chat with the company HR today - they are open to both i.e. EB1 or EB2. Apparently, EB2 is preferred as there is a premium option in the latter part of the process whereas no premium option is available with EB1 - according to them, both will have the same timescale. Based on my country of birth, the status is current, up until now. They are open to file under either EB1 or EB2 and asked for my preference.
What would you do?
Thanks,

I would still suggest you to go through EB1. With EB1 & your country of birth, you can file I140 & I485 together & can stay in USA (pending I485 will give you stay).

[raju146159]

Libra_14 - With pending I-485 as said before it give you stay but can you work as well till you get you GC done ?

[Libra_14]

Libra_14 - With pending I-485 as said before it give you stay but can you work as well till you get you GC done ?

Along with 485, you file for EAD & AP as well. Once you have EAD in your hand, you can work as well. Usually you'll get your EAD & AP card within 6 month of applying all together.

[raju146159]

Ok understood thanks a lot

[byrdewear]

Libra- where would EB1 save time?
with EB1, is it just a matter of filing I485 and I140 and waiting it out?

[Libra_14]

Libra- where would EB1 save time?
with EB1, is it just a matter of filing I485 and I140 and waiting it out?

Since in EB1 you file I485 along with your I140 - you'll get unlimited stay awaiting your green card & in 6 months you'll get your EAD+AP as well.

So if you go with EB1, you do not need to renew your visas/petition (unlike EB2) - Less hassle.

With EB2, you file both of these one by one & till you file your I485, you'll have to keep your visa/petition alive.

Last, rules for EB1 & EB2 are different - please pardon my language here.

In EB1, your company says that you are an existing employee outside USA & moving to USA - no degree requirement, etc.
While in EB2, your company need to prove that you are a highly skilled person (better than american) & your company is not able to find a better resource in USA & hence need to hire someone from outside USA.

[byrdewear]

Thanks Libra,
I understand the multiple steps involved with EB2 vs EB1 but why do you think the law firm advocated going through EB2 which makes no sense to me; possibly clocking more hours of work?
Secondly, what is the difference in duration for the process for both, if any?
regards
Eve

[Libra_14]

I understand the multiple steps involved with EB2 vs EB1 but why do you think the law firm advocated going through EB2 which makes no sense to me; possibly clocking more hours of work?

Probably for billing or your company promoting that.

Secondly, what is the difference in duration for the process for both, if any?

Eventually you'll get GC in same time based on your country of citizenship - but as I mentioned earlier, EB1 will be less hassle.