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to qualify, then the L-1 and EB-1C visa options can
reframe their immigration objectives and keep their
sights on the United States. At a time when competing
citizenship-by-investment programs worldwide are
stealing what remains of EB-5’s luster, the L-1 and EB-
1C are well worth promoting to candidates who are a
match for USCIS’ criteria.
WHO QUALIFIES?
The L-1A is an intracompany transferee visa reserved for
executives or managers of foreign companies that have an
affiliated or subsidiary U.S. office, or will soon develop one.
Not every EB-5 seeker can simply shift gears and pursue
the L-1A. On the contrary, if access to significant financial
assets is someone’s sole claim to pending EB-5 status, then
it’s best to play the USCIS waiting game. But if a visa seeker
owns or is employed by an overseas business, has worked
in that capacity for at least one year and performs executive
or managerial functions within the organization, he or she
may be a prime candidate for the L-1.
There are additional rules, including how recent
t he appl ica nt’s e mploy me nt ove r sea s mu st b e
(the minimum 12 months of employment must be
continuous and all within the past three years), but
if an attorney’s review suggests the L-1 is suitable, it
should be a less time-consuming route than a standard
EB-5 petition. Some applicants could conceivably
qualify as either an executive or a manager, depending
on how the U.S. entity is structured. However, selecting
one path (either executive or managerial) and making
a compelling argument for it is the optimal strategy, as
USCIS will deny petitions where the roles are unclear.
STRUCTURING THE BENEFICIARY’S
POSITION IN A NEW OFFICE
The L-1 v i sa do es not have st r ic t job-c reat ion
parameters the way an EB-5 case does. There’s no
minimum investment and no requirement that a
petitioner be credited with 10 new full-time jobs.
That said, the personnel plan is nevertheless an
essential component for securing an I-129 approval,
especially in a so-called “new office” case where
the foreign company has not yet established any U.S.
The L-1 visa does not
“
have strict job-creation
parameters the way an
EB-5 case does. There’s no
minimum investment and
no requirement that a
petitioner be credited with
10 new full-time jobs.