Arrived as L1-B - Adjustd to L1-A - Needing to Adjust to GC

[nasse_forelle 4]

Hi VJ'ers,

 

One of my colleagues transferred to the US with L1-B on intra-company transfer and has been working in the US for 4+ years. He adjusted his status from L1-B to L1-A in 2018. As you know, L1-A to GC does not require PERM Labor Certification but L1-B does.

 

He was advised by a lawyer that even though he currently holds L1-A visa, he is still required to obtain PERM, which is going to take a long time for approval.

 

Can he adjust status without going through PERM? Is there any information from USCIS that explains the process for L1-A holders who arrived in the US as a L1-B?

 

Thank you.

Confused Forelle

[igoyougoduke 1,676]

 He should get a new lawyer 

[nasse_forelle 4]

@James120383 - was the lawyer wrong?

[igoyougoduke 1,676]

Yes  L1A does not need PERM

[xyz12345 260]

just an fyi

 

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

 

Quote

 

What Are the Requirements for Going from an L1A Visa to a Green Card?

Visas other than the L1A or L1B often require the applicant to prove that they intend to return to their home country. But if you have an L1 visa you can petition for a change of status and begin the process of applying for a green card. The path from an L1A visa to a green card is smoother than most, but that doesn’t mean it doesn’t have its own complexities and pitfalls. The requirements for a change of status include the following:

• You’ve been employed at a company outside of the US for at least one of the last three years.
• Your position at your US employer is either that of a manager or executive, or you have specialized skills or knowledge.
• Both your foreign and US employer have a qualifying relationship.
• Both your US employer and your foreign employer will continue to be active through the application process.
• Your US employer has been in business for at least a year or more.
• If you have a criminal record, this could be grounds for inadmissibility.

If you have an L1A visa, you have several advantages during this process. The process will be less time-consuming in general, there is no conditional green card period, and you won’t have to go through the Permanent Labor Certification program (PERM). On the other hand, if you hold an L1B visa, you will have to go through the PERM program. This can take years to complete, so if you intend to apply for a change of status, you should start the process as soon as possible

 

.

[wagecuck3 31]

Well, the truth is that PERM doesn't depend on what kind of nonimmigrant status you hold. The issue is that if the employer will file for EB1C, then they don't need to do PERM. If they will file for EB2 or EB3 then they will need to do PERM.

 

If your colleague's lawyer will not file for EB1C then your colleague should ask them why.

[nasse_forelle 4]

23 hours ago, wagecuck3 said:

Well, the truth is that PERM doesn't depend on what kind of nonimmigrant status you hold. The issue is that if the employer will file for EB1C, then they don't need to do PERM. If they will file for EB2 or EB3 then they will need to do PERM.

 

If your colleague's lawyer will not file for EB1C then your colleague should ask them why.

Thanks everyone for the responses. This answer hits the spot! I will forward him this thread and he can talk to our company lawyer on the EB1C and EB2/EB3 requirements. Maybe he doesn't qualify for the EB1C path.

[nasse_forelle 4]

On 7/7/2020 at 4:23 AM, xyz12345 said:

just an fyi

 

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

 

.

Thank you.

[xyz12345 260]

Based on below, not sure though if your colleague can apply to a visa category besides EB1C, if L1A visa.

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

 

Quote

 

How to Apply for a L1 to Green Card Status Change

If you have an L1A visa, your eligibility requirements for your green card fall into the EB1C category. To file in this category, your employer should file Form I-140. At the same time, you can file Form I-485, Adjustment of Status.

 

 

 

However, if the person was still L1B, he/she could have applied for EB2-NIW which does not need PERM and can be self petition.

https://www.immi-usa.com/l1-visa/l1b-visa-to-green-card/

Edited July 9, 2020 by xyz12345

[wagecuck3 31]

5 minutes ago, xyz12345 said:

Based on below, not sure though if your colleague can apply to a visa category besides EB1C, if L1A visa.

[ ... ]

If they qualify for EB1C, they can apply for EB1C. If they don't qualify for EB1C, they can apply for some other category. There is no rule that says an L-1A nonimmigrant can only apply under EB1C.

 

A K nonimmigrant can only apply for AOS based on their marriage to their USC spouse or their parent's marriage to their USC spouse. There isn't any analogous rule for L-1A nonimmigrants.

Edited July 9, 2020 by wagecuck3

[xyz12345 260]

4 minutes ago, wagecuck3 said:

If they qualify for EB1C, they can apply for EB1C. If they don't qualify for EB1C, they can apply for some other category. There is no rule that says an L-1A nonimmigrant can only apply under EB1C.

 

A K nonimmigrant can only apply for AOS based on their marriage to their USC spouse or their parent's marriage to their USC spouse. There isn't any analogous rule for L-1A nonimmigrants.

I already saw two references about saying L1A to EB1C only (see above). L1B is different though.

If you can give a different reference saying otherwise, I'll be happy to agree with you.

Edited July 9, 2020 by xyz12345

[wagecuck3 31]

Just now, xyz12345 said:

I already saw two references about saying L1A to EB1C only (see above). L1B is different though.

If you can give a different reference then....

The quoted post doesn't mean what you think it means. It's an awkward way of saying that if a person qualified for L-1A, then they would normally also qualify for EB1C. It's not saying that EB1C is the only category that L-1As may apply for.