Sell27

Hi,

I recently made it to the USA on a L1A visa with my husband on an L2 dependent.
My company have said that I can apply for the EB1C but they are not covering the fees and will need to manage the process myself. They will support the application by filing any forms needed (I-140).

I have been researching the process online and also reading many threads on the topic. I plan to do the AOS route.
As my company are leaving it up to me, I am trying to work out if this is something I can do without an attorney or is that not a wise choice?
The process and forms that need filing seems pretty clear to me, but am I possibly missing something or not appreciating the risks of doing it myself?
Has anyone gone through this process before and not used an attorney?



Thanks.

SanDiegogirl

I thought the application to go for the green card was something the company had to instigate, support and pay for?
Must admit when I went from L1A to green card the company's lawyers did a lot of the work (there were loads of forms etc to fill out) and also had to complete several detailed descriptions of my job and its role in the company to justify the green card application.
Yes, I think you do need a lawyer.
From your earlier posts you only arrived in the US in December 2020/January 2021?

civilservant

That's my understanding too. The employer is the petitioner, not you.

Jerseygirl

Mine too. As we know from past posts, some companies refuse to apply for the GC, because they are aware that once it is in the employees hand, they are free to change employers. That is why we recommend people ask that the GC application is covered in the terms of employment.

SanDiegogirl

Just to get a bit more detail on this scenario.

If you did not obtain your own lawyer, and as the company has to be seen to be still sponsoring you for this application, would would then be having to 'manage' and presumably pay, for the company's lawyers to process the application for you?
As the company is saying it will still file the documents for you, I presume it is their lawyers who will be doing this for you.
In my own case I had 2 meetings with the company lawyers and numerous communications with them by letter, fax and e-mail. The documentation in total is about an inch thick !!

Below are a couple of links to how the process from L1A to EB1c usually goes:

https://www.stilt.com/blog/2018/07/l1a-green-card/

https://www.immi-usa.com/l1-visa/l1a-to-eb1-green-card/





Thanks

destone

The I-140 is an employer petition as explained by others. This is handled by the employer themselves or their representative attorney.

The I-485 AoS (and I-131/765) can be handled by yourself. An attorney is highly recommended though. You can hire one yourself once the I-140 has been filed.

Alternatively, you can ask your employer for a concurrent filing but normally this won’t work out as their costs would increase.

tht

I can’t speak to this directly because my employer paid for everything down to the vaccinations I need for the medical.

But I am not sure all the advice in this thread is accurate, my understanding is the PERM costs need to be paid by the employer, this is for H1b to GC which the “body shops” drag out to keep their cheap labor from leaving, that is related to 20 C.F.R 656.12. The PERM process does not apply for an EB1c.

A quick google brings up articles like this that say an employee can pay for I-140 and legal fees. If I was the OP I would seek a legal opinion on what is allowed, this site implies you can pay:

”USCIS requires that you submit a filing fee with the I-140 petition. This fee can be paid by either the employer or the employee. The employer is NOT required to pay this filing fee.Third, once USCIS approves the I-140 petition and the foreign worker's priority date is current (a visa has become available in his or her category), the foreign worker can complete the final step in the process: filing the green card application (on Form I-485, with related forms and documents).

Just like with the I-140, USCIS requires a filing fee with the I-485 application. The employer is NOT required to pay this filing fee.”


https://www.alllaw.com/articles/nolo...the%20position

SanDiegogirl

Isn't the Perm process necessary for the L-1B visa, but NOT the L-1A? OP says they have L-1A.

tht

I believe that’s right, which is why some say it’s the best visa to get (if you have an option).

Hense my post that some of the “alternate advice” some have given may not match the USCIS rules…

S Folinsky

Your caption uses the word “need” while the body of your post uses the word “wise.” I submit that it may very well be “wise” to use an attorney. A late colleague often characterized legal representation as being in the nature of an insurance policy. I liked that description a lot - it was disturbing to perform janitorial work to clean up a mess in a DIY case gone south when the mess could have been avoided in the first place.

The Immigration & Nationality Act is a minefield and the mines are often hidden or not so obvious.

Sell27

I guess they are instigating it as they will file the I-140 form in support. It is just that I will cover costs.

I realise the "normal" process is exactly what you are saying, and from a company perspective they would ensure this is always completed by an attorney.

I arrived in the USA early March. I have worked for the company for over 9 years in total.

Sell27

As far as I have understood, they will be the petitioner. It is just that I am the one overseeing the whole process not them.

It is an odd situation and hence my wondering if anyone else had been through a similar situation and not gone through their companies' attorney or even done it without an attorney.

Sell27

Very well spotted! In fact I realise that I do not NEED an attorney. Which is why I wanted to ask if it was wise to do it without. I guess I was already leaning towards getting an attorney, this has helped to confirm that I am paying for peace of mind. And like you say, its an insurance policy.

Sell27

Thanks all for your messages so far. It has made it even more clear to me, that me covering the process myself is a unique one.

In short, to get the company to do their normal process, including covering all fees, I would have to wait another 6-9 months. For a few reasons, I do not want to wait this amount of time.
I appreciate how long the process to get the EB1-C can take, and prefer to start as soon as possible.

The company to get around an internal process for approval, have agreed that I am allowed to start the process now and they will fully support by filing any forms needed.

SanDiegogirl

Aaah.... this is something which you did not tell us about. Most companies who are going for the green card on behalf of employees wait for a few months until the new employee has 'settled in'. The process is time consuming and somewhat expensive. Most folks say that the filing fees, PLUS the lawyer fees come to about 10K (mine certainly did).
I understand why your company does not want to start the process immediately you arrive. I too was with my company for 12 years before moving to the US, but they would only go for the green card after I had been in the US for 6 months, and looked as though I was doing a good job and intended to stay.