E or L visa to Greencard?
#32
Re: E or L visa to Greencard?
Kevin is a mangerial / executive in the company, company is a large fairly well known international Investment Bank, if that helps with the E/L debate?
#33
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Joined: Sep 2002
Posts: 16,266
Re: E or L visa to Greencard?
Precisely. This sounds like one of the "gold-plated" E situations. It "may" very well be one of those situations of "six one, half-dozen the other" in the "E/L" category. About the only difference I perceive is the need for advance parole for travel purposes.
Speaking of which, reminds me of an adjustment interview I had some years back. Client was an executive of a large international conglomerate. He was present in the United States as an E-1 treaty trader employee. At that time, advance paroles were granted locally on a walk-in basis with no fee [times have changed] but were valid for only 4 months. Since the interview was 8 months after filing of the AOS, we had gotten two AP's for the gentleman. The interview was held three days after return from the last trip foreign. When asked about last entry to United States, the guy says three days ago. May I see your entry document. He then pulls out his passport and I-94 showing that he had used the E-2 visa! Didn't you obtain advance parole before leaving? He pulls out two virgin AP documents, never used. Why did you use the visa? I've always used the visa. Why didn't you use the advance parole instead of the visa? My lawyer never said I had to. After my heart started beating again -- I showed the officer the regulation which stated that one needed to obtain AP before departure and return -- it was silent on whether or not one had to USE the AP on return. Adjustment granted.
[The regulations have been altered since -- it went from clear to fuzzy -- that old section remains, but a new section seems to imply one might have to return on the AP. Moral -- don't pull that stunt now. Further moral -- One should learn from experience. I now warn my clients that, with the exception of H & L -- they should use that AP. It had never occurred to me that a client would not have used the AP after the effort to get it!].
Good luck.
#34
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Joined: Sep 2002
Posts: 16,266
Re: E or L visa to Greencard?
Apples and oranges. A "K" visa is a "non-immigrant" visa even though it is intended to lead to permanent residence and is processed "as if" it is an immigrant visa.
I was around for the "dual intent" battles of the late 1980's. At that time, the issue was around E, H & L visas with the concept clearly recognized for E visas but in dispute on H & L. [Particularly on H's since it had the word "temporary" in the description]. The 1990 amendments simply removed the H-1b and L from that debate.
Unfortunately, there is often a lack of institutional memory among the government and immigration lawyers. Its been 17 years since the amendments and most practitioners don't have an idea of the history. So, I can see how you may get a misimpression -- but I did gave Ray the FAM provisions on "immigrant intent" -- and it contains the classic formulation of "dual intent" -- a declaration that I will comply with the law and not remain in the United States without status. Also, the 1974 Hosseinpour case really helps. My experience when I have given that case to ConOffs -- "I had no idea! Thank you!"
#35
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Joined: Sep 2002
Posts: 565
Re: E or L visa to Greencard?
Ok, we've had both, the L1-A and later the E2 (as managerial employee) visa.
Please, do not confuse the E2 as an employee with the E2 as an investor. An investor can not get a green card from E2 because he can not sponsor himself. It's different with an E2 as an employee because in that case, the greencard is sponsored by the company.
So, there is no disadvantage of the E2 (as employee!) when it comes to getting a green card sponsored. It's the same for L1 or E2, you just have to qualify for one of the EB-Kategories. wether you have an L1 or E2 visa is irrelevant.
Now, why did our employer change our visas from L1 to E2? Well, they often bring over employees from their headquarters in germany und after sponsoring them all individually for L1 (or H1B, depending on the individual case), they realised that for a large company it's easier to get registered at the consulate as an E-Sponsoring company and only ONCE file all the documentation. Once they are registered, bringing over employees on an E2 basis is fairly easy. for L1 or H1B the employer has to apply for each employee individually at USCIS. Much more complicated and lenghty process.
another advantage of the E2 (as employee): It's initial validity is 5 years. although the I-94 (authorized period of stay) is only 2 years, it can simply be renewed by making a short trip outside the US. with an L1, the initial validity of the visa is only three year. and it can be renewed for another 2 years (L1-B) up to 5 years in total or renewed twice (L1-A) in increments of 2 years up to a total of 7 years.
The E2 can practically be renewed forever (as long as the criteria for the E2 status is fulfilled of course), there is no maximum.
The spouse of an E´-holder can abolutely apply for an EAD. I had EAD on L2 and E2-dependent status.
So, if the company is already registered at the consulate, there is no disadvantage in going for the E visa as compared to the L Visa.
so: I completely agree with Folinskyinla.
Please, do not confuse the E2 as an employee with the E2 as an investor. An investor can not get a green card from E2 because he can not sponsor himself. It's different with an E2 as an employee because in that case, the greencard is sponsored by the company.
So, there is no disadvantage of the E2 (as employee!) when it comes to getting a green card sponsored. It's the same for L1 or E2, you just have to qualify for one of the EB-Kategories. wether you have an L1 or E2 visa is irrelevant.
Now, why did our employer change our visas from L1 to E2? Well, they often bring over employees from their headquarters in germany und after sponsoring them all individually for L1 (or H1B, depending on the individual case), they realised that for a large company it's easier to get registered at the consulate as an E-Sponsoring company and only ONCE file all the documentation. Once they are registered, bringing over employees on an E2 basis is fairly easy. for L1 or H1B the employer has to apply for each employee individually at USCIS. Much more complicated and lenghty process.
another advantage of the E2 (as employee): It's initial validity is 5 years. although the I-94 (authorized period of stay) is only 2 years, it can simply be renewed by making a short trip outside the US. with an L1, the initial validity of the visa is only three year. and it can be renewed for another 2 years (L1-B) up to 5 years in total or renewed twice (L1-A) in increments of 2 years up to a total of 7 years.
The E2 can practically be renewed forever (as long as the criteria for the E2 status is fulfilled of course), there is no maximum.
The spouse of an E´-holder can abolutely apply for an EAD. I had EAD on L2 and E2-dependent status.
So, if the company is already registered at the consulate, there is no disadvantage in going for the E visa as compared to the L Visa.
so: I completely agree with Folinskyinla.
#37
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Joined: Sep 2002
Posts: 16,266
Re: E or L visa to Greencard?
The blanket L still requires an individual I-129 at CIS. Perhaps easy to do, but still an additional step. BTW, many big companies may have BOTH a blanket and an E-registration. For example, a German manager employed by a British Company can't use the E but can use the L. A newly hired British manager can use the E, but not the L. But then there are people who fit in both.
[I remember some years ago an effort by attorneys to get the EC classified as a country for E purposes. I haven't followed it since -- but I think I might have heard about it if it had come to fruition.]
#38
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Joined: Sep 2002
Posts: 565
Re: E or L visa to Greencard?
We didn't go for the Green card. We're back in Germany. (the employer only sends over their employees for up to 5 years and then transfers them back to the headquarter)
#39
Re: E or L visa to Greencard?
Hi:
The blanket L still requires an individual I-129 at CIS. Perhaps easy to do, but still an additional step. BTW, many big companies may have BOTH a blanket and an E-registration. For example, a German manager employed by a British Company can't use the E but can use the L. A newly hired British manager can use the E, but not the L. But then there are people who fit in both.
[I remember some years ago an effort by attorneys to get the EC classified as a country for E purposes. I haven't followed it since -- but I think I might have heard about it if it had come to fruition.]
The blanket L still requires an individual I-129 at CIS. Perhaps easy to do, but still an additional step. BTW, many big companies may have BOTH a blanket and an E-registration. For example, a German manager employed by a British Company can't use the E but can use the L. A newly hired British manager can use the E, but not the L. But then there are people who fit in both.
[I remember some years ago an effort by attorneys to get the EC classified as a country for E purposes. I haven't followed it since -- but I think I might have heard about it if it had come to fruition.]
her ...perhaps it is so perfect ... and to get a GC do they have to go thru LC
where the L-1A does not ..
#40
Re: E or L visa to Greencard?
Ok, we've had both, the L1-A and later the E2 (as managerial employee) visa.
Please, do not confuse the E2 as an employee with the E2 as an investor. An investor can not get a green card from E2 because he can not sponsor himself. It's different with an E2 as an employee because in that case, the greencard is sponsored by the company.
So, there is no disadvantage of the E2 (as employee!) when it comes to getting a green card sponsored. It's the same for L1 or E2, you just have to qualify for one of the EB-Kategories. wether you have an L1 or E2 visa is irrelevant.
Now, why did our employer change our visas from L1 to E2? Well, they often bring over employees from their headquarters in germany und after sponsoring them all individually for L1 (or H1B, depending on the individual case), they realised that for a large company it's easier to get registered at the consulate as an E-Sponsoring company and only ONCE file all the documentation. Once they are registered, bringing over employees on an E2 basis is fairly easy. for L1 or H1B the employer has to apply for each employee individually at USCIS. Much more complicated and lenghty process.
another advantage of the E2 (as employee): It's initial validity is 5 years. although the I-94 (authorized period of stay) is only 2 years, it can simply be renewed by making a short trip outside the US. with an L1, the initial validity of the visa is only three year. and it can be renewed for another 2 years (L1-B) up to 5 years in total or renewed twice (L1-A) in increments of 2 years up to a total of 7 years.
The E2 can practically be renewed forever (as long as the criteria for the E2 status is fulfilled of course), there is no maximum.
The spouse of an E´-holder can abolutely apply for an EAD. I had EAD on L2 and E2-dependent status.
So, if the company is already registered at the consulate, there is no disadvantage in going for the E visa as compared to the L Visa.
so: I completely agree with Folinskyinla.
Please, do not confuse the E2 as an employee with the E2 as an investor. An investor can not get a green card from E2 because he can not sponsor himself. It's different with an E2 as an employee because in that case, the greencard is sponsored by the company.
So, there is no disadvantage of the E2 (as employee!) when it comes to getting a green card sponsored. It's the same for L1 or E2, you just have to qualify for one of the EB-Kategories. wether you have an L1 or E2 visa is irrelevant.
Now, why did our employer change our visas from L1 to E2? Well, they often bring over employees from their headquarters in germany und after sponsoring them all individually for L1 (or H1B, depending on the individual case), they realised that for a large company it's easier to get registered at the consulate as an E-Sponsoring company and only ONCE file all the documentation. Once they are registered, bringing over employees on an E2 basis is fairly easy. for L1 or H1B the employer has to apply for each employee individually at USCIS. Much more complicated and lenghty process.
another advantage of the E2 (as employee): It's initial validity is 5 years. although the I-94 (authorized period of stay) is only 2 years, it can simply be renewed by making a short trip outside the US. with an L1, the initial validity of the visa is only three year. and it can be renewed for another 2 years (L1-B) up to 5 years in total or renewed twice (L1-A) in increments of 2 years up to a total of 7 years.
The E2 can practically be renewed forever (as long as the criteria for the E2 status is fulfilled of course), there is no maximum.
The spouse of an E´-holder can abolutely apply for an EAD. I had EAD on L2 and E2-dependent status.
So, if the company is already registered at the consulate, there is no disadvantage in going for the E visa as compared to the L Visa.
so: I completely agree with Folinskyinla.
#41
Re: E or L visa to Greencard?
For example, with our case, I never found another marriage-based posting for Greece and since we went, probably 5 or less. Fewer people migrating out of there? Not really, just a well established family 'help' system that means that people don't post about it online. It's still going on, just not 'obvious' from the internet.
#42
Re: E or L visa to Greencard?
It was mentioned that the E2 was quicker to obtain but an L1 can be done in 15 days or less with premium processing. Ours took 2 days (and not under a blanket petition either) under PP.
#43
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Joined: Sep 2002
Posts: 16,266
Re: E or L visa to Greencard?
When it works well, you don't get inquiries here.
For analytical purposes, it pays to remember that the manager or executive need not even come to the US before starting the immigrant visa process. I've seen that happen simply because the employee wanted a fair amount of certainty before coming to the US.
It is true that many people on E visas need an L/C. However, people who qualify for both L & E do not. Although the L-1A is a close analogue of EB-1 executive/manager, it is NOT a prerequisite.