EB1 (Intracompany Transferee)

FAQs

Yes. There are a variety of ways to obtain a green card when you have the above visas. The PERM option is one way to obtain a green card, as is an immigrant visa petition filed on your behalf as an intracompany transferee, which is similar to an L1 visa application. We have worked with many foreign nationals in the past to develop an immigration plan to move forward with the green card. Please contact us for a free consultation to discuss your options.

Yes. You do not have to be in L1 status to seek a green card through this process. As long as you qualify as discussed below, you will be able to apply.

If you have qualified for an L1 visa, you typically are able to file for this green card petition, as long as certain criteria are met. First, there must be a foreign company that is related to the US company that your currently work for. Second, you must have worked for that company in an executive, managerial or specialized knowledge capacity for at least one full year within the three years before you entered the US to work for the qualifying US employer. Third, you must be able to work in an executive managerial or specialized knowledge for the US company. For more than ten years, we have worked with many clients who have obtained a green card through this process. We will be happy to work with you and discuss your various options. Please contact us to schedule a free consultation.

Possibly. If you have been in the US working for a company that is related to the foreign company during that five year period, you will likely qualify for this visa. We will need to gather additional information from you to determine whether or not you qualify for this visa. Please contact us to schedule a consultation.

These are legal terms defined by the immigration regulations. The title of the job is not important. What is important is the duties you have performed and the employees who reported to you. We have worked with many clients in the past ten plus years to prepare and describe the various duties they held in their companies. Please contact us to schedule a consultation so that we can determine whether or not you can obtain a green card through this process.

Immigration will look at who owns and controls the businesses to determine whether or not they are related. The regulations require that the foreign business owns and controls at least 50% of the US business, or vice versa. Please contact us to schedule a consultation so that we can verify whether or not this visa is for you.

The foreign company must remain operational throughout this process, which includes up to the point that you receive the green card. If the foreign company closes before you obtain the green card, then you will no longer be eligible for this visa, and must seek a green card in another way.

Immigration looks at a variety of factors when considering whether or not to approve this immigrant petition. Typically, the officers look at gross income or sales, the number of employees within the company and your specific role within the company. These requirements change over time and so it is important that you speak with us to discuss your situation and whether or not you can apply for this visa. We can also work with you to plan your next steps so that you can apply for the visa in the future.

If you qualify for the visa, you will need to provide various documents and information to us to allow us to file and proceed with your case. You will need to show the ownership structure of both businesses, proof that you worked in the foreign business and when you worked for the foreign business, proof that both businesses are real and active, and provide information regarding your position in the foreign and US business. Additional documents may be needed, depending on the various circumstances of your case. Please contact us to schedule a consultation so that we can begin gathering what is needed to file your request.

The petition will be filed by the US company. You will be the beneficiary of this petition, and someone from the US company must sign the forms and any possible letters needed.

You will need to provide the articles of incorporation/organization for both companies, corporate minutes, stock/membership certificates, payroll information, organizational charts, bank statements, and tax information. Additional documents may be required based on the set circumstances of your case.

You should estimate that it will take approximately a year from the time the case is filed for you to obtain immigration’s answer. Please note that this is an estimate based on the current processing times for this type of process. The processing times are constantly changing and depending on other matters, your process may be shorter or longer.

The company is filing for an immigrant petition, which when approved, allows you to proceed to obtain a green card.

Possibly.  It will all depend if whether or not an immigrant visa is available and your current immigration status.  We have worked with many companies and clients in the past to determine the best course for their green card process.  We will be happy to speak with you to discuss your situation.  Please contact us to schedule a consultation.

Yes.  If you are eligible for the green card, your spouse and any child under 21 would also be able to obtain a green card through this process.

If you have a child or children who turn 21 during this process, they still may be able to seek a green card through your process.  We have worked with many families whose children have turned 21 during the process and have still gotten the green card.  We will be happy to discuss a strategy with you.  Please contact us to schedule a free consultation. 

As long as you have a valid L1 or E visa, you will be able to work during this process. Once you have filed your green card application, you will also be able to work once you receive your work authorization card.

It should not. As each case is different, we would recommend that you schedule a free consultation with us to discuss this matter.

The major risk is that the petition could be denied.  However, this would not bar your ability to reapply for this visa and should not impact your ability to obtain additional non-immigrant visas in the future.  We would be happy to speak to you do determine the best plan for you as you seek to move forward with a green card.  Please contact us for a free consultation.