best way to go from L1a visa to green card
Feb 8th 2021, 6:57 pm
#16
BE Enthusiast
Joined: Aug 2010
Location: NYC
Posts: 470
Re: best way to go from L1a visa to green card
I moved from L1A to EB1-C last year. It is indeed an "investment" by the company and comes with the risk that you can take other employment but you have suggested your employer was OK with the process, just not the financials. I'd suggest talking to them about signing a contract to reimburse their fees at a reducing rate over time as an incentive for you to remain with them, which is what I have done. Essentially I have committed to repaying up to 100% of their fees, down to zero after two years from the date of issuance of the Green Card. That should remove any fears, and they'll be spending some more money to extend the L1A to 7 years I think.
Feb 8th 2021, 7:13 pm
#17
DE-UK-NZ-IE-US... the TYP
Joined: Mar 2010
Posts: 2,855
Re: best way to go from L1a visa to green card
I doubt the employer’s reluctance is cost-related ($700 to file I-140 in EB-1C). Nonetheless, an EB-1C candidate surely adds more value to the firm than any green card-related cost. Finally, employers should know better than this. They ought to retain talent based on value delivered (and reward them accordingly), and not by forcibly keeping (otherwise qualified) employees in a non-immigrant status.
Also the repayment of fees only really works for employees to whom it is more material... in reality you would move and have the new employer pay you a signing bonus to cover the net cost to you.
I do agree with you that employers should retain talent by paying market rate. I doubt this is a really an issue with L1a’s, but more likely with H1b’s where they are basically mostly used to bring in cheap labor from India, so they are likely to bail ASAP.
Feb 9th 2021, 9:20 pm
#18
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Joined: Feb 2017
Location: Newnan, GA
Posts: 802
Re: best way to go from L1a visa to green card
My personal case set the company back just over $10k for my wife, me and two kids. Small fry to some, but I can see a legal firm working for the company raising to said company that the $10k investment isn't necessary when the L1A will suffice, especially if there wasn't a really hard commitment to the individual and role being in the USA long term. Some quick discussion with the employer, showing commitment, and assuming it comes on top of being able to show value to the business, should easily overcome any fears.
Feb 10th 2021, 8:39 am
#19
BE Enthusiast
Joined: Aug 2010
Location: NYC
Posts: 470
Re: best way to go from L1a visa to green card
My personal case set the company back just over $10k for my wife, me and two kids. Small fry to some, but I can see a legal firm working for the company raising to said company that the $10k investment isn't necessary when the L1A will suffice, especially if there wasn't a really hard commitment to the individual and role being in the USA long term. Some quick discussion with the employer, showing commitment, and assuming it comes on top of being able to show value to the business, should easily overcome any fears.
So again, this whole saga doesn’t come down to cost but rather a cunning way for the employer to keep control for over the employee.
Needless to say that this is a short-sighted vision on the part of the employer.
My personal advice to all future L-1A applicants: do have it in writing that your employer will sponsor you for GC prior to any move abroad.
