EB-1(c) 2/5
Posted on August 07, 2007 by Warren Wen | Category: Immigration
EB-1(c), the Best Choice for Extraordinary Person in Business Area 2/5
In the previous article we explained why EB-1(c) is the best choice for business managers and executives to immigrate to the US, and why the EB-1(c) is almost specifically designed for L-1A visa holders to change their status from non-immigrant visa holders to lawful permanent residents. In this article, we will explain in detail the similarities and differences between the EB-1(c) and the L-1A visa.
Like the L-1A visa, EB-1(c) applies mainly to executives and managers of multinational company. The qualification requirements for EB-1(c) and L-1A visa are pretty much the same for the most part, though there are some slight differences regarding the qualification of the employer and the nature of the application. Specifically, in the EB-1(c) application, the multinational company’s branches, affiliates, subsidiaries and joint-venture partners where the beneficiary is going to work should have existed for at least one year. On the other hand, for the beneficiary of an L visa there is no such requirement. Furthermore, the nature of the EB-1(c) application and L-1A visa application are different. While the EB-1(c) application is for an immigrant visa, the L-1A application is for a non-immigrant working visa.
Therefore, if the foreign business managers and executives who want to immigrate to the US meet the qualification requirements for EB-1(c), they can apply for a green card directly. If not, the can apply for an L-1A visa first, then apply for a green card through EB-1(c)
Based on our years of experiences, the foreign business managers and executives who are interested in immigrating to the US can be divided into two camps: those who are working for multinational companies that have already established branches, affiliates, subsidiaries or joint-venture partners in the US, and those who are working for multinational companies that have not yet established branches, affiliates, subsidiaries or joint-venture partners in the US.
For people in the first camp, it is highly probably that they can apply for a green card through EB-1(c) directly since they have already established branches, affiliates, subsidiaries or joint-venture partners in the US. For people in the second camp, they most likely have to apply for an L-1A visa first and then apply for a green card through EB-1(c). Regarding the business operation in the US, there are two ways for them to do so: either establish a new enterprise or buy an existing US business. Once they get the L1-A visa, they can come to work in the US and bring their spouses and children with them. Normally, their spouses can work in the US legally and their children can go to public school to study if they choose to do so. After one year, if the business is running normally, they can apply for green cards through EB-1(c).
In summary, there are similarities and differences between the EB-1(c) and the L-1A visa. With good planning, they can be used as very good ways for foreign business managers and executives to come to work and live in the US.
This article is only for your reference. Please do not apply mechanically to any exact cases. You are welcome to consult our attorneys at Liu & Associates, P.C. For contact information, please click here.