EB-1C green card: a business owner's route via L-1A

A business owner outside the US has a clear route to a green card: open an American branch, transfer to it as a manager and file for an EB-1C a year later. Here is what gets checked at each step.

Step 1. The branch and the L-1A visa

The L-1 is issued for transfers within one company. The employee must have worked abroad continuously for a year within the last three years and be going to a branch, parent, subsidiary or affiliate in the US. Visa requirements and fees are on the L-1 visa page.

If the American company is only just opening, USCIS checks three things:

• office premises have already been leased or bought;
• the manager spent one of the last three years abroad in a managerial role;
• within a year the company will be able to support a managerial position.

The petition includes a description of the office, its structure and financial goals, the size of the investment in the US and proof that the foreign company can pay the salary. How to put such a plan together is covered in the article on the business plan for a US visa.

Step 2. The first year of operation

The first L-1A for a new office is approved for no more than a year. To extend it, the company shows that it has done business for the year, its staff and their pay, the manager's duties and its financial position.

Step 3. The EB-1C petition

The I-140 petition is filed by the American employer. It comes with a letter from an authorised official of the company confirming that:

1. 1in the three years before filing you worked abroad as a manager for at least a year;
2. 2the American company is the same as the one abroad, or its branch, subsidiary or affiliate;
3. 3in the US you will work in a managerial position;
4. 4the American company has done business for at least a year.

If you already work in the US for the same employer, the year abroad is counted within the three years before you entered on a temporary visa.

Who counts as a manager

Under 8 CFR 204.5(j), a manager primarily manages the company, a department or an essential function and supervises the work of other managers or professionals. They can hire and fire and run the day-to-day work of their area.

A first-line supervisor is not a manager unless the people under them are professionals. The general requirements of the EB-1 category are on the EB-1 green card page.

What it costs