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Which Visa, L-1 or EB-1c, is Right for You?

Which Visa, L-1 or EB-1c, is Right for You?

If you are a manager, executive, or employee with specialized knowledge, your employer may want to send you to their U.S. offices. You must obtain a particular type of visa from the U.S. government that will allow to work and live in the U.S. The type of visa you request will depend on many variables, including you and your company’s intentions and the circumstances of your case. You will most likely be applying for either an L-1 or EB-1c visa if you are the type of employee described above. These two visas share many similarities as well as differences, so it can often be difficult to determine which is right for you. The attorneys at the AmLaw Group are experienced in the process of applying for a visa. We are devoted to helping clients determine which visa is correct for them, walking them through the application process, and doing all we can to increase the chances of a granted visa.

Similarities and Differences in L-1 and EB-1c Visas

If your company is planning on sending you to work at a U.S. office, it is important that you start considering which visa to apply for. The key similarities between L-1 and EB-1c visas include the following:

  • Both visas enable overseas companies to send key employees or personnel to work in the company’s U.S. offices
  • Both visas apply to employees in executive or managerial positions or employees that possess a special knowledge of the operation or function of the company
  • In applying for either visa, your employer must prove there is a relationship with the U.S. counterpart, whether they are a parent company, branch of the company, subsidiary, or affiliate of the company.
  • In applying for either visa, the company must prove that any offices involved are at the same operation standard as the other.
  • Labor certification is not required for either visa.

They key difference between these two visas include the following:

L-1 Visa

  • Non-immigrant permit
  • Allows holders to reside and work for their employer in the U.S. as long as the permit is valid

EB-1c Visa

  • Permanent residence permit
  • Allows holders to reside and work in the U.S. as permanent residents
  • Acts as a green card

Which visa you apply for may depend on your company’s purpose for sending you to the United States. Your company will play a big role in determining the visa you initially apply for. Fortunately, the transition between these two visas, specifically from an L-1 to an EB-1c, is relatively simple and has a relatively high chance of approval. If your employer decides that they would like you to stay and work in the U.S. permanently after you’ve already received an L-1 visa, it is possible for you to be granted an EB-1c visa.

Contact Us

If your company is sending you to work in the U.S., call the qualified visa attorneys of the AmLaw Group. We will use our training and experience to help you determine which visa is right for you. We will also walk you through the visa application process, ensuring that you have all of the correct information and documentation you need to be considered for approval. If you are currently working in the U.S. with an L-1 visa and are looking to transition to an EB-1c visa, contact us. We can work with you and your company to make the process of quick and effortless as possible. To learn more about our team and service, you can reach our office at (305) 509-6400 today.

Commercial enterprises recognized by USCIS

The U.S. Citizenship and Immigration Services (USCIS) requires EB-5 visa applicants to make contributions to the U.S. economy by making a substantial investment. The investments are then used in sustaining any of the following “commercial enterprises”:

  • Single proprietor type of business
  • General or limited type of business
  • Joint Venture
  • Holding company
  • Corporation
  • Public or private business entity or trust

Aside from those mentioned, any lawful activity that generates an income can be considered as a commercial enterprise. Foreign nationals who are considering living in the U.S. together with their family should understand that they will need to invest $1 million in general, or $500,000 if they plan to invest in certain areas in the U.S. with a high unemployment rate.

The Russian attorneys of AmLaw Group advocate for foreign nationals who have plans in making an investment in the U.S. through EB-5 visa. Find out how we may legally assist you in the filing process today by calling (305) 509-6400.

Why consider applying for L-1 Visa?

Employees who work for companies that are located outside of the U.S. but that work with a company inside the U.S. are afforded the opportunity to obtain an L-1 Visa, provided they meet certain criteria. An L-1 Visa holder is able to apply for a green card after only one year, has fewer monetary obligations as compared to those with an EB-5 Visa, and can secure an L-2 Visa for their spouse and/or children that would allow them to stay in the country for the same length of time as the L-1 holder.

In order to qualify for an L-1, employees must have some sort of specialized knowledge, characteristic of a managerial position. They must be able to prove that the foreign company can be sustained during their absence and that they will have a significant role in the ongoing business occurring within the U.S. 

Although it can be difficult to prove that all of these criteria apply to you, the attorneys at AmLaw Group Call (305) 509-6400 to discuss how we can help you and your family. 

Understanding Form I-526 of the USCIS

The U.S. Citizenship and Immigration Services (USCIS) is requiring foreign nationals to fill out Form I-526 if they are considering applying for an EB-5 visa so they can migrate to the U.S. Below are the things potential investors should do upon approval of Form I-526:

  • Foreign nationals who have their Form I-526 approved by the USCIS may have their status as an alien entrepreneur adjusted by filing Form I-824.
  • Upon filing for another Form I-526, the priority date of the applicant will be based on the new form.
  • Foreign nationals can send a letter to the USCIS if they want a receipt notice copy of their Form I-526.
  • Foreign nationals should understand that approval of their Form I-526 is not a guarantee that the USCIS will grant their EB-5 visa or have their status adjusted.

Applying for an EB-5 visa is often a daunting task due to its confusing technicalities and requirements. If you have plans of immigrating to the U.S. with your family, the Russian attorneys at the AmLaw Group may be able to advocate for you. Call us today at (305) 509-6400 to find out how we may be able to legally assist you in your application process.

Advantages of securing a green card in the US

Aside from having an opportunity to legally work and stay permanently in the country, there are many reasons why so many eligible people decide to apply for a green card in the U.S. Below are the other advantages of having a green card:

  • Hassle-free travel to any part of the U.S. and to other countries for a certain period of time
  • Green card holders are given opportunity to bring some of their immediate and qualified family members to the U.S. to live with them.
  • After holding a green card for five years, you are given an opportunity to become a natural citizen and are given a chance to participate in elections or run for public office.
  • Green card holders can legally own property in the U.S. including vehicles, houses, and firearms
  • Green card holders should note that they need to carry their card at all times to show proof that they are permanent residents in the U.S. Upon expiration, green card holders should apply to renew their cards.

If you want to know more about the advantages of having a green card, speak with the Russian immigration attorneys at AmLaw Group. Call our office today at (305) 509-6400 to find out how we may assist you in migrating to the U.S.

Job preservation requirement of the EB-5 visa program

Foreign nationals who have plans of migrating to the U.S. through the EB-5 visa application should understand that there are stipulations to the program beyond making an investment of $500,000 to $1 million. They are also required to provide jobs for qualified citizens and preserve a certain number of employees.

The U.S. Citizenship and Immigration Services (USCIS) requires foreign investors to maintain at least 10 newly created jobs for a certain period of time. Potential investors should understand that the EB-5 visa program is designed to give financial assistance to distressed businesses. EB-5 visa holders are required to have pertinent documents such as tax papers, payroll records, and Form I-9 of their employees for the USCIS to confirm that they are honoring their visa terms. Many investors consider applying for EB-5 visas because they are given a chance to live in the U.S. with their immediate loved ones.

The Russian EB-5 attorneys at AmLaw Group provide legal assistance for foreign nationals who want to make an investment in the U.S. Call our office today at (305) 509-6400 to learn more about this program.

USCIS Naturalizes 7000 New Citizens to Celebrate Independence Day Holiday

In typical American fashion, the U.S. Citizenship and Immigration Services naturalized over 7000 new citizens at over 100 naturalization sites in commemoration of the nation’s 240th birthday.

The naturalization ceremony represents a new window being opened for these hopeful immigrants who have endured the entire citizenship process. America was built by immigrants to create a nation dedicated to freedom, and there is no better way to celebrate that freedom than to welcome these new citizens with extravagant fireworks.

During the naturalization process, applicants must answer several questions over the importance Independence Day such as “When do we celebrate Independence Day?” and “What did the Declaration of Independence do?” It must create an amazing memory to be able to truly understand the meaning of the Fourth of July right after having just become a citizen.

If you or someone you know is in need of assistance during the naturalization process, the immigration lawyers at AmLaw Group are dedicated to helping immigrants experience the joy of living in the United States. Call our offices at (305) 509-6400 to speak with a qualified immigration lawyer today.

Who is eligible to apply for US citizenship?

Individuals who have decided to apply for U.S. citizenship or “naturalization” should understand that there are certain requirements that they have to meet before they become eligible to enjoy all the benefits of a U.S. citizen. A few requirements are as follows:

  • Applicants should be at least 18 years old or older
  • Depending on the status, applicants should permanently stay in the U.S. for five or three years
  • Applicants should have good moral character
  • Applicants are expected to have basic U.S. government knowledge
  • Applicants are expected to know basic English speaking and writing skills

Applicants should note that some of the above requirements may not apply for some depending on the circumstance and other individuals mostly those who have immediate family members in the U.S. may file immediately for their naturalization.

If you want to know more about the requirements on how to become a naturalized citizen or any information regarding general immigration in the U.S. contact an attorney of AmLaw Group today at (305) 509-6400 to find out how we may help you fulfill your dreams of living in the U.S.

Immigrant v. Non-Immigrant Visas

Understanding the U.S. immigration system is difficult for most applicants. There is a wide variety of visas available, which gives hope to individuals seeking citizenship. However, the types of visas and citizenship opportunities can also be overwhelming. One of the first things to understand when exploring visa opportunities is to recognize the difference between an immigrant visa and a non-immigrant visa. Immigrant visas are for individuals looking for permanent resident status in the U.S. Non-immigrant visas are for people who plan to live in the U.S. temporarily. Reasons to apply for non-immigrant status include education, tourism, and temporary work.

Immigration visas are primarily for individuals who have a work connection to a sector in the U.S. through which they can apply for work and receive employment opportunities. This type of visa is usually harder to obtain, and those who apply often must spend time on a waiting list. Successfully obtaining permanent resident status requires consultation with an attorney who can help applicants work through the complex steps and paperwork involved. Types of immigrant visas include:

While it is easier to obtain a non-immigrant visa than permanent resident status, it is still a complex process. The applicant must prove that they intend to return to their home country. Proving that there are significant ties to a home country is not an easy feat, so applicants often benefit from the help of an attorney. Types of non-immigrant visas include:

  • L-1
  • E-2
  • H-1B

If you are planning to immigrate to the U.S. on any type of visa, contacting an attorney who understands the process can help you identify the right visa for you and ease the application process. To speak with an immigration attorney from the AmLaw Group, please reach out to our offices at (305) 509-6400.

Capital investment needed in EB-5 visa application

Foreign nationals who are considering to make investments in the U.S. are required to provide capital investment to assist troubled businesses and to maintain regular employment to qualified citizens. Through EB-5 visa, potential investors are given a chance to live in the U.S.

Generally, the U.S. Citizenship and Immigration Services (USCIS) require foreign nationals to make a minimum investment of $1 million for them to possibly qualify for the visa. Foreign investors who want to give assistance to a particular location (rural area) or in a place with a high rate of unemployment (targeted employment) are required to make a $500,000 investment. The USCIS define “capital” as any tangible assets or properties like cash, inventory, and equipment owned by the potential investor. Foreign nationals should note that they cannot borrow capital to apply for EB-5 visa and they will not be allowed to use assets that are illegally acquired.

In this major decision that you are considering to make an investment in the U.S. by applying for EB-5 visa, working with a skilled attorney is critical to making sure you understand all the terms and your application is error-free. Get in touch with an attorney of the AmLaw Group by calling (305) 509-6400 to find out how we may be able to work with you.

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