Those who qualify for L-1 visa are generally also qualify for green card under eb-1, provided that:
- U.S. company has been doing business continuously and regularly for more than one year;
- Candidate’s job duties are clearly either managerial or executive;
- Overseas company continues to do business.
The most difficult part for small company manager/executive to file for green card application is to overcome USCIS bias that small company manager or executives do not qualify for green card under INA213 (b) (1)(c). Most EB1-C petitions are denied on the ground that the beneficiary’s job duties are not qualified managerial or executive. Prior approvals of L-1 visas are not guaranty of I-140 approval.
Prospective client should consult with us to determine his or her eligibility.