German_

Hi there,

I have got a job offer from my company to work in one of the US offices.
I have read a lot here but did not find any answers to my questions yet.

1. My job description says that one minimum requirement is a bachelor or masters degree. I do not have one and I guess my current education is not similar to a bachelor degree. So would there be a problem for the L1A or L1B petition? Should the job description be written in another way with other requirements for the education?

2. The job description says "Project Manager" and I would lead a group of people. In my current job I do not have any management responsibilities, it is a specific job though. Is it an opportunity to go for the L1A visa? I have read one sentence which said that it could go for management positions in the US. Or would I need to be a manager in the current position to go for it?

3. Would E2 an opportunity for a visa as well? The offices in the US exist already for a long time but many, many years ago there have been investions for it.. so would there be a chance?

I am bit concerned if there is any chance for me to get a visa. I wanna be prepared for any visa problems.

Thanks a lot for your responses in advance.

Awesome Welles

A degree is not a requirement for an L1A/B visa.

Project Manager sounds more L1B than A. L1A is more commonly used to transfer senior executives (though not exclusively so).

E1 or 2 may well be an option, but it's a crappy one, compared to L1.

ian-mstm

If the company wants to waive the degree requirement, that's their option. If they've offered you the job but are aware you don't have a degree, it seems as though they're good with that decision. A degree is not a requirement for an L-1A/B visa. This seems to be an HR issue only.


You can manage people, or you can manage a process - a position known as a "functional manager". Whether you apply for an L-1A or L-1B will be a decision made by the company's attorney.


If you're after the job based on your skills and expertise, you'll mostly likely apply for an L-1B visa. Both a project manager and functional manager could result in an L-1A... but you likely won't get the choice. It's a company decision.


Given a choice between an L-1 and an E-2... go for the L-1.


Yes, there's a good chance.

Ian

German_

Thanks for your answers Awesome Welles and Ian!

The job description will be sent with the petition right? That's why I am worrying. Even if the HR is good with it , mabye the USCIS does not have the same opinion? Maybe it would be easier without a minimum requirement on education?

Pulaski

I would hope that your employer is working with an experienced immigration attorney, and therefore the wording should be reviewed, edited, and approved by the attorney, not just whatever wording is jotted down by HR.

ian-mstm

Yes, but so what?


To repeat: there is no degree requirement for an L-1 visa. Whether the job requires one or not is an HR decision, not a US immigration decision.

Ian

SanDiegogirl

I transferred over on an L1A as a Project Manager.

I have no degree, but had 12 years PM experience with my company. I had no staff reporting to me, but was a functional PM with responsibility for delivery of software products to market and worked with an engineering and sales team.

The immigration lawyer who drew up the transfer papers produced up a very detailed description of my role.

It seems that how they 'sell' you and your job function is of great importance when it comes to whether you go L1A or L1B.

German_

Thanks SanDiegogril for your response...you already hat a lot of experience in your field, lucky you Hope they USCIS doesn't mind my kind of experience

I was just thinking since I have to be a "specialist" in my job, USCIS would maybe say I am not if the job description requires a bachelor degree.. But it is all good then.

Another question:

Am I allowed to travel into the US while the visa process is ongoing? The attorney obviously said no but I am not totally aware of that?

tht

I came over as an L1a in 2010, I did not have any direct reports, but managed a function. Looking back I only see the I129, G28 (to advise lawyer was representing) and Sponsor letter that was sent when mine was applied for (Premium processing), no separate job description was attached, but the letter did describe my current and proposed roles. The letter also noted my undergraduate and and postgraduate degrees.

LeavingLondon

Isn't there a degree requirement to qualify for a Green Card on an L-1B (not what the OP asked but might be a consideration nonetheless)?

Pulaski

A green card application is separate and distinct from an L-1 visa, with separate requirements and paperwork. An employer can apply for a green card for someone on an L-1, or they can apply for someone not currently on an L-1; and L-1 is not a necessary step to getting a green card through employment.

LeavingLondon

Yes but I pointed it out because if the OP wanted to apply for a GC later down the line then that might be an issue if he's on a L-1B so he might want to consider if he qualifies for an L-1A rather than an L-1B to save himself problems later.

ian-mstm

Yes.


The attorney is wrong.

Ian

Pulaski

Totally.