L-1A visa
L-1A is a work visa for multinational executives or managers. With the extension of the trial time for investment immigration in EB5 and the emergence of schedule, more and more mainland investors are turning to work in the United States other than EB5 and applying for a green card. L-1A is a way that applicants from the mainland often consider. Many applicants plan to enter the United States first by L-1A, and further obtain a green card through EB-1C at the right time, or even apply for a green card through EB-1C directly. The difference between
L-1A and EB-1C is that EB-1C is an immigration application, while L-1A is a temporary non-immigrant work visa.
EB-1C is one of the first priority employment immigration applications, and is a green card category designed for multinational managers and executives with management skills. The advantage is that applicants in mainland China are currently not scheduled. Another advantage of
EB-1C is that you do not need a PERM labor certificate to apply for. PERM is required to prove to Department of Labor that job green card positions will not occupy qualified US labor. There is no PERM restriction, and the application is faster. If there is no schedule, you can apply for an I-485 identity adjustment immediately to obtain a green card.
qualified L-1A applicants also basically meet the application conditions of EB-1C. However, the American company here is the applicant. When applying, the company is in the United States for more than one year. It also needs to provide annual reports, federal income tax returns or audited financial statements to prove that the employer is able to continue to pay the applicant's salary.
If a person directly applies for EB-1C outside the United States, he or she will have at least one year of experience in executive or manager during the three years before submitting the application; if the applicant applies for EB1-C during his or her work period for a U.S. company, he or she only needs to meet the requirement of serving domestic affiliates for at least one year within the three years before legal entry. That is to say, if you have worked in the United States for five years with an L-1A visa, if you want to apply for EB1-C, you don’t need to go back to a domestic company and work full-time as an executive again for one year before you can meet the conditions.
Many people will ask, how long does it take to hold L-1A to apply for EB-1C?
In fact, there is no order of time between the two. As long as you meet the requirements, you can apply. Even if a corporate executive or manager has not held an L-1A visa to work for a U.S. company, a qualified U.S. company can directly submit an EB-1C green card application.
Regarding the acquisition company to handle L-1A and green card
Apply for L-1A or EB1-C through the acquisition company, the most important thing is to establish a qualified affiliate relationship.
The four elements of applying for EB-1C are similar to L-1A. Those who apply for EB1-C do not necessarily have to be shareholders of foreign companies or American companies, but must be executives/managers of this company. Of course, if you are both a shareholder and an executive, you will also meet the application conditions.
• American company has been operating for more than one year (note that it is actually operating, not from registration)
• Affiliated relationship between a US company and a foreign company (including parent-subsidiary or sister company relationship)
• Application person has served as a senior executive/manager in a foreign company or its domestic affiliated company in the past three years.
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American company provides applicants with a full-time position of executive/manager in an American company
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