jammiie

Hi guys,

Apologies if this has been covered across multiple threads but rather than try and piece the answers together myself, I'm hoping that you guys can offer some definitive answers and advice for me.

I'm currently some way down the line of negotiating a move from the UK to the US with my current employer who are a large American corporate. My L-1B visa application process is well underway and due to the nature of our work and my experience, they company are confident that I'll qualify.

My wife and I have been clear all along that we see this move as a permanent one and wouldn't be happy to uproot ourselves by selling our UK house etc. just for the 3-5 years that the visa grants us. I have pushed for green card sponsorship after 12 months of being in the US however now I'm being told that due to the current political landscape (Trump administration), the Legal\HR depts have concerns with including language regarding green card sponsorship in the agreement, even in year 2.

My questions are;
1) They are valuing the green card application process at $15k. Is that a reasonable amount for it to cost? Most things I've read indicate less than $10k.
2) Am I able to apply for the green card myself without the sponsorship of the company? And if so, is this as likely to be successful?

Thanks all.

Pulaski

You'll need $560,000 to apply for your own green card under EB-5. There are a few people with highly specialized and niche skills who have been able to file under EB-1, or was it EB-2? ..... The general answer though is that you do need your employer's support for a green card, and filing on your own is going to be difficult.

The cost of a green card, from your employer's perspective, is dependent on how much their lawyers charge.

BTW It is more difficult and slower to file for a green card from an L-1B than it is from an L-1A, because an L-1B based green card application requires a labor certification.

jammiie

And is it fairly commonplace that employers will agree to sponsor the green card process? Surely not many people that have lives and commitments at home would be happy to give all that up for 5 years max and then have to start fresh on their return to the UK.

Pulaski

Lots of people change jobs much more often than every five years. There are also plenty of people who see it as a five year posting, understood to be temporary from the outset.

Lot's of employer's won't back a green card, and from an L-2B, requiring a labor certification, far from certain that it would be approved. It is IMO quite likely that the new US administration will tighten up on labor certifications.

ian-mstm

If you're looking at this as a permanent move, then that language is likely the only protection you have! In a verbal agreement, the company can always say they don't remember... but if it's in writing, it's harder for them to wiggle out of it. Oh, they can still wiggle out... but you could then sue for breach of contract. I strongly suggest you don't accept any contract that doesn't specifically include language about green card sponsorship at a specific point in time.

Ian

zerlesen

It is what it is. Sometimes the employer doesn't want to or know how to, and sometimes they want to but can't, either because the job itself is not suitable or because the candidate is not suitable.

You may find it worthwhile to read up on the employment preference categories. It is possible for some people to self-petition: the EB1 "extraordinary ability" category and the EB2-NIW "national interest waiver" category are the ones where that's an option. Otherwise, the employer has to petition on your behalf.

The $15k does sound a bit steep but these things can be expected to vary a bit based on geography. Also there may be a lengthy/costly labor certification process before you even get to the immigrant petition. Getting a green card is really, really nontrivial for anyone who's not married to a USC - if these people are actually willing to sponsor you I wouldn't quibble over the cost.

roberth1970

I think, if you include the PERM part for Department of Labor Certification, 15K isn't that far off.

OP you can search for a post I made a couple of weeks ago on an L-1B to Greencard timeline and steps.

deadshoppingmalls

Maybe my company were an aberration, but sponsoring GC was seen as a "reward" for good service and thanks for uprooting your family

The year that we moved (2012) saw 50 of us enter on L1 for the company. Out of them 30 chose to go home either within 3 or 5 Years. 20 of us went on for green cards, 18 were successful and 8 are still with the company (soon to be 7....I am leaving soon)

I guess I got lucky in the employer. The only costs etc we were ever told about was the move, and that if we left within 1 year we had to pay back a proportion of the move - there was never any mention of having to stay after GC though most do from a sense of loyalty, at least for a while

jammiie

Thanks for all the comments guys.

The excuse of the HR/legal teams doesn't sit right with me. I don't see what they have to be concerned about, I'm not asking for the company to guarantee me a GC as I know that it out of their control. I'm only asking that they commit to sponsoring me for the application. If it is rejected for whatever reason, there will be no liability on them.

TheKingOfHearts

Curious, have you checked to see if this is policy? Many companies, mine included which is quite possibly the 2nd largest in the US have policies not to sponsor anything more than a visa specifically for those on L1-B and H1-B due to the costs involved with the PERM, only rare exceptions are made. By contrast, those on L1-A almost always get GC sponsorship written into their contracts.

jammiie

It isn't something they've ever done with any consistency so I'm pretty sure there isn't a formal policy in place. In this particular instance though, they approached me about the move and I explained from the outset that it would only interest me if it had a path to permanent residency.

scrubbedexpat099

L is a temporary work visa and once you have a GC you can work for anybody else.

You can be petitioned for a work based GC without first going through a work visa, just a question of time.