EB1

This guide will focus on the key points about employment-based visas (EB Visas) in the United States, the EB1, EB2, EB3, EB4, and EB5 visa.

If you have a temporary job in the U.S and your employer is willing to petition you for permanent residence, you may be eligible to get a U.S Green Card.

Employment-based petitions/visas are broken down into five categories: EB-1, EB-2, EB-3, EB-4, and EB-5. Each category is made up of sub-categories that describe the kinds of occupations that qualify for the specific visa.

You may be interested in going to the U.S to work, but into a more permanent role. In this case, you wouldn’t apply for the typical temporary visa like the H1B. You’d apply for an employment based visa, which is a straight path to a U.S green card.

Approximately 140,000 immigrant visas are available each year to newcomers who seek to immigrate based on their job skills. If you have the right combination of skills, education, and work experience, plus you are eligible, you may be able to live permanently in the United States.

In these cases, an EB visa, which is also known as an employment based visa, may be the perfect route for you.

Types of Employment-Based Visas & How to Apply EB Visas

• EB-1 Visa

Starting with the EB-1 visa, which was designed for those who have an extraordinary ability, are an outstanding professor or researcher, or are a multinational executive or manager with the correct employment recognition. You could apply for the EB-1 visa through a Form I-140.

• EB-2 Visa

EB-2 visa is designed for those who hold an advanced degree or exceptional ability. This is another visa that you can apply for through a Form I-140.

• EB-3 Visa

Those eligible for the EB-3 visa are classified as a skilled worker, professional, or other worker depending upon your education skills and work experience, which is also applied through the Form I-140.

• EB-4 Visa

EB-4 visa is geared towards individuals who are considered special immigrants, which usually include religious workers, some physicians, and others that hold specialized occupations.

Unlike the other EB visas already discussed, to apply for an EB-4 visa, you must submit a Form I-360.

• EB-5 Visa

EB-5 visa was created by Congress to stimulate the U.S economy through job creation and capital investment by foreign investors, which can be applied for through a Form I-924.

Receiving an employment based green card is a permanent solution for those looking to move to the U.S.

All of the EB visas take about 6 to 8 months to process. Applying and submitting your forms correctly can be a complex process, so is highly recommend seeking immigration help.

DISCLAIMER: This article/post and content is designed for general information only and is NOT legal advice. I am not a licensed attorney and so the information presented in this post should not be construed to be formal legal advice. If you need legal advice, you may contact a licensed attorney.

What is L1 Visa and what are the benefits of getting L1 Visa? The L1 Visa can be an incredible option for entrepreneurs and other workers looking to go to the United States.

What is L1 Visa?

Basically, the L1 visa is a nonimmigrant visa that allows a foreign company to transfer a certain worker to work for a related U.S Company.

For the L1 visa to be an option that’s available, there needs to essentially be two companies. There needs to be a company outside of the United States, and there needs to be a company in the United States. Those two companies need to have what’s called a qualifying relationship.

Examples of qualifying relationships are parent subsidiary. One company is the parent company, one company is the subsidiary company. The two companies can be affiliates of one another, or one company can be a branch office of the other company. Those are some examples of qualifying relationships.

Additionally, the way the L1 visa works is that the person that’s getting the L1 visa must have worked for the foreign company for one year, full time continuous employment within the last three years, prior to applying for the L1 visa,

The employment for the foreign company must have been either as a manager, executive, or specialized knowledge worker. The employment that will take place with the U.S Company must be as either a manager, executive, or specialized knowledge worker.

If the person that’s getting the L1 visa is going to be working in the United States as a manager or executive, then the L1 is classified as L-1A. If the person is going to be working for the U.S Company as a specialized knowledge worker, then the L1 is classified as L-1B.

Although there has to be two companies, but what if the U.S Company is brand new? What if you literally just set up the U.S Company?

Well, then the company is considered by USCIS to be a new office. Basically, if the U.S Company has been operational for less than one year, then it is classified as a new office. It’s important to know whether or not the U.S Company is a new office because there are additional considerations to take into account.

For one, if the U.S Company is classified as a new office then the L1 will be valid for a period of one year as opposed to three years. For that reason alone, it’s very important to know whether the company in the United States is classified as a new office.

Similarly, there are certain additional requirements for new office petitions. For example, a new office, L1 needs to demonstrate that the U.S Company has sufficient physical premises, meaning that it has a physical location that it’s operating in, that’s sufficient for the company.

5 Benefits of the L1 Visa

1. The L1 visa does not have a specific requirement to make a substantial investment in a U.S Company.

Entrepreneurs are interested in exploring the various visa options that are available to them to expand their business to the United States to work and operate in the United States. And so many investors and entrepreneurs are considering between the E2 visa and the L1 visa and other visa options.

One of the advantages of the L1 visa over the E2 visa is that the L1 visa is less focused on a substantial investment.

One of the primary focuses of the E2 visa is, did the investor make a substantial investment in the U.S enterprise?

The L1 visa doesn’t have a similar focus, it does not have a requirement that you make a substantial investment.

2. It is not limited to certain countries.

There are certain visas that are limited to citizens of certain countries, e.g the E2 visa. The E2 visa is only available to citizens of certain countries. The L1 visa has no such limitation.

The L1 visa is generally available to citizens of all countries. For that reason, that is a major benefit of the L1 visa.

3. It can allow somebody to stay in the United States for a considerable period of time.

If someone is in the United States on an L-1A visa, they could extend their visa up to a total of seven years. If someone is in the United States on an L-1B visa, they can extend their visa for a total period of up to five years.

Again, with the various extensions that are available, somebody on an L-1A can get a total of seven years in the United States and somebody on an L-1B can get a total of up to five years. That’s a considerable period of time.

4. The L1 visa is a dual intent visa.

There are certain nonimmigrant visas that have a nonimmigrant intent requirement. For example, a student visa.

For somebody to get approved for a student visa they cannot have the intent to become a permanent resident in the United States and to get their green card. But that is not the case for the L1 visa.

The L1 visa is dual intent, meaning that somebody can be applying for an L1 visa and simultaneously have the intent to ultimately get their green card. If somebody has an immigrant petition pending, they basically are underway taking steps to get their green card or if they otherwise have plans to ultimately get their green card.

The fact that the L1 is a dual intent visa is a major benefit.

5. It has a relatively convenient pathway to get a green card.

There is a green card option called EB-1C. EB-1C is for multinational managers and executives and the requirements for EB-1C are very similar to the requirements for L-1A.

Basically, EB-1C is an immigrant option available to somebody that is going to be working in the United States as either a manager or executive. Many of the requirements are the same.

There must be a qualifying relationship with a foreign company and a U.S Company.

The individual must have worked full time for the foreign company as either a manager or an executive continuously for one year within the last three years.

They must be transferring to the United States Company to work as either a manager or executive.

With the L-1B somebody could be going to the United States to work as a specialized knowledge worker. But for EB-1C the person must be going to the United States to either work as a manager or executive.

For L1 there is a green card option called EB-1C and the requirements are quite similar to the requirements for L1.

A very common thing that we see in our practice is that somebody will come to the United States on an L1 and eventually upgrade to EB-1C to get their green card.

Assuming that the requirements are satisfied for EB-1C, this can be a relatively straightforward pathway for somebody to get their green card.

There’s five benefits of getting your L1 Visa.

Hope you found this information useful. If you know anybody that can benefit from this information, feel free to share this info with them. Thank you so much for reading this guide.

Source: Ashoori Law

DISCLAIMER: This guide and content is designed for general information only and is NOT legal advice. The information presented in this guide should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. The information presented in this guide does not create an attorney-client relationship nor is it a solicitation to offer legal advice.

If you need legal advice, you may contact an attorney. You should seek the advice of an attorney in your jurisdiction before taking any legal action.

As such, I disclaim all liability with respect to actions taken based on any information presented. Nothing herein is intended to nor constitutes a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Every case is different and outcomes will vary depending on the unique facts and legal issues of your case. Thank you.

In this brief guide, you are going to learn 16 ways to obtain a green card to the United States in 2022, without having a family member or a U.S employer.

The green card, also known as the Permanent Resident Card, allows foreign nationals to live and work permanently in the United States.

16 ways to obtain a green card to the United States

• Family Based Green Card

You may be eligible to apply under this category if you are the immediate relative of a U.S citizen or lawful permanent resident or family member of a U.S citizen or lawful permanent resident, and widow or widower of a U.S citizen.

• Employment Based Green Card

This category is broken down into five subcategories, ranked from employment based category one, known as EB1, to employment based category five, known as EB5.

Most of these categories require a U.S employer to first file a petition on your behalf. Get more about the different subcategories HERE.

• Special Immigration Green Card

Special immigrants include members of religious denominations coming to the U.S to work for nonprofit organizations, members of the armed forces, and some nationals of Afghanistan and Iraq who were employed by the U.S government.

• Refugee or Asylum Status Green Card

Under U.S immigration law, asylum and refugees may apply for a U.S green card after they’ve been physically present in the U.S for at least one year since they were granted asylum status or refugee status.

• Green Card for victims of Abuse

As a abused spouse, child, or parent, you may file an immigrant visa petition under the Immigration and Nationality Act (INA), as amended by the Violence Against Women Act (VAWA). An abused spouse or child of a US citizen or lawful permanent resident, and individuals in the special immigration juvenile status.

• Green Card through Registry

Certain foreign nationals who have resided continuously in the US honor before January 1 of 1972 may be eligible to register for a green card even if they are currently in the U.S unlawfully.

• Green Card through the Diversity Immigrant Visa Program

Up to 50,000 immigrant visas are available annually and randomly awarded to foreign nationals from countries with a lower rate of immigration to the U.S through a lottery based system.

• Green Card for victims of Human Trafficking and victims of certain Crimes
• Green Card for Liberian refugees who have been continuously present in the U.S since November 20th, 2014.
• Green Card for citizens or nationals of Cuba provided under the Cuban Adjustment Act.
• Green Card to persons born in the U.S to a foreign diplomat.
• Green Card for an American Indian born in Canada.
• Green Card for a Lautenberg Parolee who was paroled into the U.S on or before September 30, 2012
• Green Card for natives or citizens of Vietnam, Cambodia or Laos who were paroled into the US on or before October 1197
• Green Card for dependent spouses and children of lawful permanent residents who obtain their green cards based on the Haitian Refugee Immigration Fairness Act
• Green Card for a person who entered the U.S as a diplomatic officer or high ranking officer and is unable to return to his or her home country

Regardless of which category you fall under, how you apply as a foreign national for a green card will depend on if you reside inside of the U.S or outside of the U.S.

Individuals residing in the U.S in a legal status go through an application process called an “Adjustment of Status”, in order to obtain their green cards while foreign nationals residing outside of the U.S needs to go through a process called “Consular Processing”, in order to obtain an immigrant visa.

All applications for a U.S visa are handled outside of the U.S by the U.S Department of State while all applications for an adjustment of status are handled inside the U.S by the U.S Department of Homeland Security.

I hope you found this guide very informative.

Thank you for reading this post.

DISCLAIMER: This post and guide is designed for general information only and is NOT legal advice. The information presented in this post should not be construed to be formal legal advice. If you need legal advice, you may contact a licensed attorney.

This article is a very important update about the employment-based I-485, that’s employment based adjustment of status. Read this article very well to see how you can request USCIS to transfer your pending form I-485 application, Adjustment of Status from one basis to another, faster category!

EB I-485

Form I-485 is officially called the “Adjustment of Status Application” and is the official green card application. Form I-485, Application to Register Permanent Residence or Adjust Status, is used by a person in the United States to apply for lawful permanent resident status. Form I-485 is sometimes refer to as an application for adjustment of status or as an adjustment application.

If you are currently in the United States, an immigrant visa is immediately available to you as an EB-1, EB-2, or EB-3 immigrant, and you meet certain other requirements, you may file Form I-485, Application to Register Permanent Residence or Adjust Status, to apply for a Green Card without leaving the country.

What’s this important update? USCIS announced on their website that there is, “an exceptionally high number of employment-based visas available this fiscal year.”

What does that mean? That means that until the end of this fiscal year, i.e until September 30^th of 2022, there are an exceptionally high number of visas available for green cards, particularly in the EB-1 and EB-2 category.

• EB-1: Employment-based first preference.
• EB-2: Employment-based second preference.

According to USCIS update, there are more visas available than they have pending applications.

It means that USCIS are inviting people to do interfiling. Interfiling means when you have your I-485 pending in a particular category, for example, EB-3 (employment based third preference).

However, you have an I-140, an immigrant petition that is eligible for either EB-1 or EB-2. USCIS is inviting you to request to transfer the basis of your I-485 from one I-140 in one category to a different category.

There are various ways that this is expressed, it is either called interfiling or sometimes it is an upgrade petition. Maybe you have a petition in the EB-3 category, but you can qualify for an upgraded I-140.

If a new Form I-140 is being filed on your behalf and you are eligible to concurrently file, you may request to transfer the underlying basis of your pending Form I-485 to this new petition. The petition must be submitted with a signed letter requesting that your pending Form I-485 be transferred to the new petition.

Very important tip for you: When you are doing inter-filing request on your pending I-485, use the Form I-485 Supplement J.

The Sub J is important for two reasons:

• It actually gives you a receipt so that you know that USCIS has received this transfer request. Because some people had already been writing to USCIS requesting the transfer of the basis of their I-485. But if you use a Sub J, you’ll actually get a receipt notice from USCIS. Note that there is no filing fee for the Sub J.
• The other reason why using the Sub J is important is it is also a way for the sponsoring employer to confirm that they do still have the job available because there are people who perhaps they’ve been waiting for a long time for their priority date to become current, and this employer might have filed this petition or the accompanying labor certification years before. This is the employer’s way of confirming that the job actually is still available to you.

What can you do with a pending I-485?

While the I-485 application is pending, an alien can enjoy several benefits such as entering the U.S. under Advance Parole (AP) and permission to work in the U.S. using Employment Authorization Document (EAD).

Can you stay in US if your I-485 is pending?

If you have filed Form I-485, Application to Adjust Status, you generally are not confined by the restrictions on your non-immigrant visa. You have the right to remain in the United States while the application is pending.

Disclaimer: This site is not owned by any U.S Government Agency or an Immigration attorney. The contents in the site/post is for informational purpose only collected from various public domains (YouTube, search engines), you may need to contact an expert immigration attorney for your specific immigration needs.