annabel2010

Hi all,

I’m planning to move to the USA later this year, my current employer is supporting this with a L1 visa application for a Manager/Executive; I wondering if anyone can help me understand the process and timeline from a L1 (limited to a specific company) to a permanent work visa which would allow me to work for any company in the USA.

Background:

They are UK based with a USA office that is staffed by a high % of UK staff who have also made the move, I believe the company has some kind of blanket approval in place that reduces the time to process the L1 to a few week.

I work in the software industry where this is a high rate of M&A activity, the company I work for under the L1 will most likely be sold to someone else in 2-3 years, that partly why I’m moving to help ensure the companies success so it can be sold.

If the company was sold, and wanted to keep me on, I assume they will have a process for re-allocating the L1 the buyer – or something similar – is that correct?

The other scenario is I decide I want to work for someone else so I need a permanent work visa no tied to the original employer and the L1. Can anyone advise on how I start to progress that application (and what the specific visa type/name is) once I’m in the country so I keep my options open?

Thanks
A

S Folinsky

J Craig Fong is a good person to consult with.

scrubbedexpat099

Straight to GC is also an option.

SanDiegogirl

You mention a permanent work visa allowing you to work for any company you want. There is no such thing unless you have a Green card, because being on a work visa means you have been sponsored by a company.

In your shoes, and this is what I did when I moved over on the L1, I would get a commitment from your employer that they will sponsor you for a Green card, sooner than later.

My company started the Green Card process 6 months after I moved and I obtained it 12 months after that. That was some 15 years ago and I believe they are obtained in a shorter time frame these days.

Having the Green card gives you the options you are looking for.

S Folinsky

<sigh> Not quite accurate. But that is why I recommend talking to an attorney. Also, back in 2002, Job Portability provisions became law. That changes the equation somewhat.

ian-mstm

Since you quoted her entire post, perhaps you could explain which part is "not quite accurate"... so that she doesn't post similar, inaccurate information again!

Ian

SanDiegogirl

Must be be the phrase about the permanent work visa and there not being one!

The other stuff is quite accurate as I went through it myself :

Michael

I guess that is why the OP should consult with J Craig Fong.

Pulaski

To summarize, the L-1 will expire when the company is sold. Unless you make alternative arrangements for another visa you will have to leave the US. Merely staying on after the company is sold is not an option without a different visa, or a green card.

S Folinsky

If the company is sold to a foreign [e.g. non-U.S.] company, the L-1 can survive. For example, lets say that a US subsidiary of BMW is sold to Toyota, eligibility for L-1 will survive for the L-1 employees of the US company.

Pulaski

OK, but how would that work given that the L-1 holder had not worked for the new owner outside the US for 12 months?

roberth1970

OK, as I understand it, if you were moving with an L1A (manager/exec role) your role probably (but not automatically) qualifies for the EB-1C permanent residency category.

Because this category

1) Does not require a labor certification (which is a lengthy process)

2) The GC status is current (which means there is no wait for a GC slot to be allocated once approved - N.B. this can change)

I have heard of people moving form L1A to green card in as little as 6 months, but of course that's no guarantee of timing for your case.

My advice would be to get commitment form your organization (in writing) that they will start the process immediately on your arrival. I would also get them to arrange a consult with their immigration attorneys before you move with this in mind - I don't know what paperwork you will require for an EB-1C (I needed a load of employer references, degree certificates etc. for my EB2), but it might be much easier to obtain it while you are still in the UK.

In the meantime do your own research on L-1A to EB-1C.

DottM

I was advised by our company lawyer when I asked the same question that if another company was to buy our company it would depend of the takeover as to what would happen with the visa. If it was just an intellectual property purchase there would be no transfer but if it was a full asset purchase the L1 visa's and staff were considered an asset and would be transferred to the new owner as part of the sale.

As there was never a potential buyer during my time on an L1 I never researched it any more and they could be completely incorrect but that is what was advised to me.

off_again

Most people have covered the key points on this and I am personally on an L1 and going through the GC process. Timelines and wait times vary, but I have a pretty good HR department and immigration lawyers working for me, so its going pretty well so far.

Yes, L1 is tied to your current employer only (name change, split, sale and so on, IS recognized by the USCIS, so you don't necessarily need a new L1). Its also known as a "dual intent" visa, so you can maintain your L1 (NON immigration) and apply for permanent residency (Green Card). There is no penalty for this and you can maintain both and do priority applications etc.

Being on an L1 means you don't need to do labor certification (already mentioned), so you don't need to prove you can get, keep and maintain a professional job. This is a BIG chunk of a GC application for other people on different visas, so it short cuts a big section. I think this is the I-140 part if I remember correctly. But you can start this process pretty quickly, but my lawyers recommended that we time it to coincide with the year anniversary. You can do it in less time, but it seems that the year timeframe works. So my papers filed for this within a month of the anniversary of me starting my job. Got approved quickly (2 months) and then onto the next phase.

You can stay on the L1 (don't need to give up anything) and go for GC. Be warned, be careful with what and how you apply and maybe apply for advanced parole and travel authorization too - if you intend to travel in / out of the USA during this process. Its fine, just need to make sure you fill in the right paper work. Once you have the labor cert done (I-140 I think) then the GC should be pretty simple and way shorter than others on a H1b for example.

Its a little confusing, but you still need the support of your employer during the GC process. They need to still prove that they are supporting and sponsoring you, submit some supporting docs and you can go from there. Once you get your EAD (employment authorization) then you can technically work anywhere, because its pending approval of the GC, but it might be worth waiting until you have the GC in your hand before walking from your existing employer. An immigration lawyer will help here though.

Hope this helps - in general though, L1 to GC is pretty quick as USCIS is really digging into other visa and work permits. H1b being a massive issue and, right or wrong, they are delaying these for Mexican / South American, Indian and Chinese nationals. In some cases, Indian nationals have to wait up to 10 years! A friend of my wife's took 7 years - Mexican national, married to prominent University lecturer and research scientist! So L1 to GC might seem a hassle, but it is one of the easiest and fastest ways to GC (other than the lottery).

Good luck.

ian-mstm

As I've noted elsewhere many times, almost all visas are dual intent. The only thing special about L and H visas is that they specifically allow it. However, just because a visa doesn't specifically allow dual intent doesn't mean that dual intent is specifically prohibited. It isn't for almost all visas.


Not "technically"... "actually"!


I agree... this is prudent.

Ian