The EB-3 Visa Lawyers Guide: Navigating Your Path to U.S. Employment
The EB-3 Visa Lawyers Guide: Navigating Your Path to U.S. Employment In the intricate world of U.S. immigration, securing…
Leadership skills aren’t limited by one’s country of origin — in fact, in some cases, being from a different country helps to bring a new perspective to a business to drive growth. For this reason, and others, many multinational companies — or those that aim to be — rely on the L-1 visa category to transfer certain employees in executive and managerial roles from qualifying foreign offices to the U.S.
To qualify to receive a visa under the L-1A classification, an employer must first file an I-129 petition and have it approved by United States Citizenship and Immigration Services (USCIS), and then the employee themselves has to meet two qualifications:
We offer world class communication and responsiveness to all of our clients and our comprehensive approach can simplify even the most complicated of visa programs.
The L-1A blanket petition is a separate yet valuable resource for companies that meet the following eligibility requirements:
Employees who enter the United States through the L-1A program to work for an existing office or branch will be approved for a maximum stay of three years, while those employees establishing a new office have an initial period of stay limitation of one year. Requests for extensions may be granted in increments of up to an additional two years, with a total maximum of seven years.
Here are just a few of the 166 pages of businesses that brought in talent under the L-1 program in 2019:
In a global marketplace, it’s easy to see why companies would need to use — and understand the process behind — the L-1A visa classification. If you’re in a position to leverage the L-1A program to grow your business, you’d be in solid company.
Sometimes referred to as the “genius” visa, the employment-based, first-preference EB-1 visa is an immigrant visa, meaning it gives the holder permanent residency — a green card. To qualify for a visa under this program, a foreign national must meet at least one of the following criteria:
Did that last one sound familiar? You got it — to the layperson, it’s as though there is an overlap in the criteria between the L-1A visa and EB-1 green card classifications. Since the two classifications share similar requirements, many individuals who enter on the L-1A visa later proceed directly to permanent resident status through the EB-1 immigrant visa process.
However, it’s important to note that between 2016 and 2019, nearly 80,000 L-1A classification immigrant visas were issued per year. During the same period, the number of EB-1 classification immigrant visas issued was about 2,000 annually.
Regardless of the kind of work or play being sought, most nonimmigrant visas have a couple of things in common: they are temporary, and you have to be able to prove you don’t intend to stay in the country. Nonimmigrants with H-1B and L-1 status, however, are recognized as being in the U.S. potentially with what USCIS calls “dual intent.” This means that nonimmigrants in H-1 or L-1 status are able to enter the United States on a temporary basis with these visas and simultaneously seek permanent resident status.
Some employers who are interested in seeing their L-1A employees eventually receive green cards might be afraid that they are skirting the law. How can it be OK if they petition for L-1A approval, knowing full well that their employees want to become permanent residents — and perhaps someday citizens — of the United States? However, dual intent has been recognized in immigration law since the Immigration Act of 1990 was passed.
Whether your employees enter the U.S. with L-1A status or EB-1 status, the qualifications are very similar. The real difference comes from the chances of their being issued the immigrant visa in the first place.
In April 2021, 121 nonimmigrant visas were issued to foreign workers from Abu Dhabi to Zagreb under the L-1A classification. In contrast, that same month saw 23 visas in the EB-1 classification issued.
When employees are already valid L-1A workers, their visa’s dual intent means that they can, unlike with some other visas, apply for a change in status without affecting their protections under their current status. That includes being able to travel in and out of the U.S.
After an employee has been in the U.S. for at least one year under the L-1A status, they become eligible, provided they will still meet the remaining criteria. To apply for the EB-1 visa classification for executives and managers:
If approved, the green card will be mailed to the employee’s U.S. residence as provided on the application. While the process sounds simple, it will be more heavily scrutinized than an L-1A petition. Additionally, the visa bulletin should be checked regularly to monitor for visa availability so that the employee can file their application for permanent residency.
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The attorneys at Farmer Law PC understand the value of a diversified workforce and are adept at navigating every facet of immigration law. We offer comprehensive solutions for all of your labor shortages. Our team locates honest, accomplished workers to provide employers with exceptional talent from every corner of the globe.
