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Do I need to go through Labor Certification process when i am on L1-A visa (I was not a manager in India prior visiting USA)
Anonymous7 views6 answers
I was in USA on L1-B visa since last 5 years and got L1-A visa last month so my Max Stay period is not extended for 2 more years. I am currently on managerial position in my organization however, I came to USA on specialized skills and was not in managerial position while traveling to USA. My employer has started Green Card process for me but they are going for Labor certifications and it would not be done in EB1 Category. As I am on L1-A, should my Green Card be done in EB1? Also, can I get my Green Card processed from any external agency than what is contracted by my employer (Fragoman), if I am willing to pay all expenses from my pocket?
In your scenario , the employer controls whether you file the EB-1/ FORM I-140 or you proceed under the PERM process. Either way the employer bears the responsibly for choosing on your behalf the strategy to be undertaken. I noted that you have been issued an L-1A but you indicated that you " was not in managerial position while traveling to the U.S. " . This information does not quite dovetail into the L-1A visa requirements.
If you were not in a managerial position abroad, you will not qualify for EB-1 classification. The PERM or EB-1 petition is your employer's petition and they can contract whomever they like.
An EB-1 for international transferee requires the foreign national to have worked for 1 year out of 3 years prior to being admitted to the US in a managerial or executive position. So despite having your L1A managerial position now, you would not qualify for an EB1 international transferee based on your statements. As for the PERM process, the employer is obligated by federal regulations to pay and not charge to you the costs of filing the labor certification per federal regulations. You may seek to talk to the employer's attorney or you may hire an outside attorney to better understand the process, but only the employer may pay (and therefore choose) the attorney connected with your filing.
You should speak to your employer's attorney. Or, you should speak to an attorney in a more detailed fashion than these very general Q&A's. The answers to your questions are mostly: it depends on your exact circumstances, including your job duties.
Robert Louis BrownImmigration AttorneyCleveland, OH ·
You need to have one year out the three years preceding your entry to the US in a managerial or execution position out side the US to meet the basic requirement for EB-1.3. Check with your employers immigration attorney.
