# L1A vs EB1C



## twisted-pixel (Aug 14, 2018)

long story short, I was living in the US for 5 years on an E2 visa. M&A changed the company ownership and E2 requirements were no longer met, meaning a return to the UK. 

My company were going to send me back on an L1A (as we have already done for another employee) but we just found out that as a remote employee this wont work (L1A requires a bricks and mortar place of work)

So, they are suggesting an EB1C. From what I understand (confirmed by immigration lawyer) that the requirements for these in terms of Job Experience etc are the same so the work we've already done in terms of preparation and documentation and requirements checking can be transferred. We have been careful in ensuring I meet the requirements.

The only downside is that instead of the application process being a couple of weeks for the L1A, it is 8 months for an EB1C.

We may be able to apply for a special business concession visa that will allow me to return 'home' to the US while the EB1C application is going through.

but...am I missing anything obvious here? any pitfalls or things I should be aware of? 

If I understand correctly, I can apply for a green card from the EB1C? or is it actually a greencard itself?


----------



## EVHB (Feb 11, 2008)

It's an Employment Based Green Card. Like for Nobel prize winners. ;-)

Don't think lightly about the requirements. You will need a lot of accolades. 
https://www.uscis.gov/working-unite...yment-based-immigration-first-preference-eb-1

I don't know where the 'C' comes in... As far as I know, it's EB-1, EB-2, EB-3. But I am not a specialized immigration lawyer.


----------



## Bevdeforges (Nov 16, 2007)

This is the USCIS page on the EB1 visas (including the EB1-C). I notice lots of immigration agencies have information on this visa - like how "easy" it should be to get. But I'd check what CIS has to say about it first.

The key thing is that you need to have been employed by the employer overseas for one year out of the 3 years immediately prior to them filing the petition. You don't mention the timing on all this, but that's one "gotcha" I'd be wary of.


----------



## twisted-pixel (Aug 14, 2018)

the 1 year things has been covered. I left the US last year and knew that I'd need a 1 year employment history for the L1. We've worked through the same immigration lawyers for the last 9 years.


----------



## twisted-pixel (Aug 14, 2018)

so just to keep people up to date. the EB1C application will be going ahead - can't submit the application until August 13th since that's the date of my 12 months of being in the UK (plus the 12 days I spent in the US last November).

While the EB1C application is being processed (8 months or so), we will be applying for a Special Business Concession visa which will allow me to return 'home' to the US and work etc. During this time, I will still be employed by the UK company, getting paid in the UK etc. I will transfer to the US company once the EB1C is approved (so far no reason to suggest otherwise)

Sadly, because of the business concession visa status, I wont be able to apply for a mortgage and will have to rent until I can get the EB1C.


----------



## twisted-pixel (Aug 14, 2018)

Just because I like to keep people up to date and in case anyone else ever goes through the same process.

the SBC (Special Business Concession) visa application is in and I have my interview in September. I've been through this process 3 times already (Original E2 in 2013, E2 renewal in 2016, B1/B2 in 2018) so I know what to expect and our Lawyers are very confident. 

Following that (assuming successful) I will be heading back to the US for 6 months (the SBC is only valid for 6 months at a time) while the EB1C application is reviewed (8 month time frame)

If I have any receive and other information I will let people know so other can understand what to expect.


----------



## twisted-pixel (Aug 14, 2018)

my SBC (Special Business Concession) visa was approved on Monday!!

The real terminology is B1 in lieu of H1 (which the person at the embassy had never heard of, but her supervisor had). This allows me to go back 'home' to the US. I'm so unbelievably excited to be going home.

Our lawyers (Ortega Medina and Associates) have already started work on the EB1C (green card) and will be processing that while I'm in the US. We've been using these people for 10 years and they have never failed us. I can't recommend them enough.

While I was at the embassy I got talking to two guys who had had their visas denied because their paperwork wasn't complete. Their application had been prepared in house and their CVs were missing (unbelievable to get denied for something so simple). Proof I think that it pays to have someone who knows what they are doing to help you!!

I'll update on any EB1C news as I get it, but I think the next step is the I140


----------



## twisted-pixel (Aug 14, 2018)

just keeping people up to date.

my I-140 application was submitted on 26th February 2020. In June we received a request for further information. The request was about my company financials and whether they could still afford to employ me after the Green Card was approved. In August we submitted financials and confirmed in the affirmative. Yesterday I received notification that my I-140 had been approved!!

We wont be filing for an Adjustment of Status. Instead we'll be processing this at the US Embassy in London, so I will return to the UK, since I'm pretty sure that's a quicker path. I read somewhere that processing times for an I-485 can be up to 3 years!! I don't yet know what the process is for consular processing, but hopefully it will be quicker than 3 years.


----------



## twisted-pixel (Aug 14, 2018)

I learned that the next process is that the application is submitted to the National visa Center (NVC). They create a case (current time from receiving application to creating case is 7 days). The NVC then begins their review. My application was sent to NVC on September 30.

_As of 5-OCT-2020, we are reviewing documents submitted to us on 27-JUL-2020. Please note, as result of April 22, 2020 Presidential Proclamation, we are reviewing documents for cases not subject to the travel restrictions first._

so, about an 8-9 week timeframe before I find out what happens next and I should be able to track this via the Consular Electronic Application Center website....unless this is impacted by the second statement about processing cases not subject to travel restricvtions.

The delay actually helps in this case because I will have to travel to the UK, and once I leave the US I wont be able to travel back again due to the current Covid-19 restrictions. A person from the UK people cannot enter the US unless they meet certain criteria (legal resident, certain visas etc). So I can't do the trip to the UK until those restrictions are lifted.


----------



## Crawford (Jan 23, 2011)

This application has been going on for well over a year now......

Can't remember all the details of your case, so what status do you have in the US now?


----------



## twisted-pixel (Aug 14, 2018)

Crawford said:


> This application has been going on for well over a year now......


Yup it has, although the actually EB1-C application (I-140 start date) was February 2020 since it took a few months to get all the paperwork and requirements together. It seems it's a complicated process!



Crawford said:


> Can't remember all the details of your case, so what status do you have in the US now?


Right now, I am in the US on a Special Business Concession Visa. "B1 in lieu of H1" is its official title. That visa was only for 1 year and has actually now expired, but my I-94 is valid until the end of March 2021. The hope is the EB1-C Greencard will be complete by that date.


----------



## twisted-pixel (Aug 14, 2018)

Today, my EB1C application arrived at the USCIS center in Arizona. Long way to go yet, but at least it is in!


----------



## Mortimer48 (Feb 4, 2021)

Hi Twisted-Pixel, I have skim read this so may have missed something, but can you apply to work remotely in the US while employed by an English company? My situation would be different to yours I guess as my job is perfectly possible via an internet connection, so it would be just me doing my daily job from America rather than the UK and be able to live in America for say 3 months. I don't need to be in America for work, I'd just like to be resident there and work if you see what I mean.

Hope that makes sense


----------



## Crawford (Jan 23, 2011)

Mortimer48 said:


> Hi Twisted-Pixel, I have skim read this so may have missed something, but can you apply to work remotely in the US while employed by an English company? My situation would be different to yours I guess as my job is perfectly possible via an internet connection, so it would be just me doing my daily job from America rather than the UK and be able to live in America for say 3 months. I don't need to be in America for work, I'd just like to be resident there and work if you see what I mean.
> 
> Hope that makes sense


In order to work in America (ie be physically present in the US) you need a work visa. You won't get a work visa just because you want the opportunity to live in the US. YOU cannot apply for a work visa - your company has to do that.


----------



## twisted-pixel (Aug 14, 2018)

Crawford said:


> In order to work in America (ie be physically present in the US) you need a work visa. You won't get a work visa just because you want the opportunity to live in the US. YOU cannot apply for a work visa - your company has to do that.


this basically. You might be able to work remote, but that doesn't mean you can work in another country, esp the US. While you might be working for a UK company, you would be working IN the US and that requires a work visa. I have/had a work visa which made me eligible to work here. My company is the one applying for the EB1C on my behalf, and once granted (fingers crossed) I will transfer to the US company.


----------



## Moulard (Feb 3, 2017)

Mortimer48 said:


> so it would be just me doing my daily job from America rather than the UK and be able to live in America for say 3 months. I don't need to be in America for work, I'd just like to be resident there and work if you see what I mean.


Reiterating what the others have said, to be able to perform productive work in the US you would need to have the right to work. 

Even if you were to enter the US on a B1/B2 visa, the business visa does not actually permit you to do productive work (unless it is given in lieu of another visa like the H1 or H3.

Yes, there can be no doubt many people use the B1/B2 or even just a B1 and perform work while on holiday (lets face it who doesn't answer a work email or address a critical item while on holiday these days) , but technically that is a breach of the visa conditions.

Unless your UK employer has permanent establishment in the US, or is in the process of setting up permanent establishment, there are likely very few options available to you.


----------



## Mortimer48 (Feb 4, 2021)

Thanks for all the replies, it does help me a lot to understand everything a bit more clearly


----------



## twisted-pixel (Aug 14, 2018)

Latest Update. 

The AOS (Adjustment of Status) package was submitted to Phoenix office on 1st Feb. So far, nothing has happened. 50 days and no Notice of Action, no emails, no texts etc...nothing at all. Our lawyers says it can take up to 90 days to receive the NOA...disappointing when you see others getting theirs within a few weeks. The USCIS website also says that Employment based AOS can take anything from 14 months to 51 months....over 4 years...damn!

In any case, since it was clear that we weren't going to get the EAD (I-765) any time soon, we filed for an L1A with expedited processing so that I would be able to continue working in the US. I received notice that the I-129 was approved today....this sounds like good news to me!

Not sure what the next steps are, waiting to hear from the immigration lawyers on what happens now...and how I actually get the L1A in my passport.


----------



## twisted-pixel (Aug 14, 2018)

been over a year since I was here...and even longer since I began the journey but I wanted to come back and update everyone on status. My Greencard was just approved. Full timeline below


EB1C (approved I-140)
Package : I-131, I-485, I-765, I-693
02/01/21 - Day 0 - sent to Phoenix
02/02/21 - Day 1 - Delivered - signed by F.Brown
04/02/21 - Day 60 - NOA Received for I-485, I-131, I-765
04/02/21 - Day 60 - Transfer to Nebraska
06/29/21 - Day 147 - Fingerprints Taken
10/01/21 - Day 242 - EAD/AP Combo Card in hand
07/07/22 - Day 521 - Transfer to Missouri
07/13/22 - Day 527 - RFE for new I-693
08/03/22 - Day 548 - New I-693 sent
08/22/22 - Day 567 - Greencard is approved!!


----------

