L-1A Work Permit and EB-1C Permanent Green Card
If you have recent full-time work experience as a corporate leader, you may qualify for the L-1A temporary work permit and the EB-1C permanent green card category.
Both categories require a close relation between a US business and a foreign business, as well as evidence that you have served in a manager or executive position.
The close business relation:
You must work for a foreign (non-US) business, and you must plan to continue your work in a US business once your L-1A work permit or EB-1C green card is approved.
The US business must be closely related to the foreign business. This can include:
One business is the parent company or majority owner of the other
Both businesses are majority owned by the same entity or person
Both businesses are engaged in a joint venture
The US business must file the petition on behalf of the foreigner. The foreigner may not self-petition (unlike ability-based and investment-based petitions).
The corporate leader position:
You may qualify as an executive if you will serve as a director of general business policy and goals.
You may qualify as a manager if you will manage the employing business’ function or the employing business’ personnel.
For personnel, the subordinates cannot be first-line workers. They can be professionals holding Bachelor’s degree minimum, or they can themselves manage another level of subordinates.
You must have at least one year of full-time employment in a qualifying position (as an executive or manager) in the foreign business, within the past 3 years prior to the petition.
Differences between L-1A temporary work permit and EB-1C permanent green card
New Office: If the US business has less than one year of ongoing operations, then it is classed as a “New Office” can file an L-1A valid for one year, but cannot file an EB-1C. The L-1A can be extended, and the US business can lose its New Office classification if it satisfies one year of ongoing operations.
If the US business has at least one year of ongoing operations, it can file both an L-1A and an EB-1C.
EB-1C petitions also require proof that the US business can support the executive or managerial salary level, often involving financial documents.
The L-1A work permit has no quota, so there is no waiting list. However, L-1As cannot exceed a total of seven years in duration.
The EB-1C green card has a quota, so each candidate receives a Priority Date based on the date of filing their petition, and each candidate is subject to a waiting list based on their country of birth. Historically, China and India have waiting lists of a few years’ duration. Occasionally, other nations have experienced waiting lists.
If you are an executive or high-level manager, and your non-US business wishes to transfer you to an equivalent position inside the US, then you may be eligible for a short-term L-1A temporary work permit, or an EB-1C permanent green card. Contact us today at intake@bhulaw.com or via Wechat at “BenjaminCJHu” to discuss your corporate leadership-based immigration options today.