Question about taking alternative Visa pathways

[fcacciola 0]

Hello,

I am currently planning inmigration to the US, with my Family, from Argentina.

After researching the different pathways, I concluded that my best chance is to file--for myself--a petition for an EB-1. However, it might logically be the case that the USCIS weighs my achievements differently and deny it.

In that event, would I be able to file a petition for a different kind of Visa? and if so, would the rejection of my initial petition weigh in negatively?

I own a small computer software services company, first here in Argentina but now also in the USA (Florida), managed remotely from my country. Our first and most important client is a US company, and my main reason for the inmigration is to secure the bussines and isolate it from the ongoing political and economical crisis down here. Thus, my alternative path is an L-1 Visa.

TIA

[Boiler 43,395]

Family, you mean wife and minor children.

L etc are handled by the Companies Immigration Lawyers, not a DIY type situation.

Without being too nosy how many employees do you have in Argentina and the US, will the parent company in Argentina continue in your absence?

[fcacciola 0]

Oh yes, I meant wife and two minor children (and I have the question of what type of Visa should I petition for them, and when, but that's another topic)

You are right about L-1. In fact we already consulted with an Inmigration Lawer.

The Argentinian company is rather small, i.e. around 10 employees. The US company has only 2 (besides me and my LLC partner). Yes, the Argentinian company will continue here with the other owners.

Though the L-1 path is plausible, I think that, unlike my partner, I might have a better chance and/or perhaps a faster processing time going for EB-1

TIA

[Boiler 43,395]

What usually happens is that the L is used as the quicky, family get L2's, whilst the GC process, I am not going to guess which EB category you would fit as it is so fact specific, is in process.

Family would get GC's on the back of your GC.

Wife can work on L2 which is nice.

[fcacciola 0]

OK. So, if I understood you correctly, I can apply simultaneously via the L-1 (through the inmigration lawer) and EB (myself). Is that correct?

BTW, I would be filing for the Extraordinary Ability EB-1 (it sounds sooo pretensious when I say it, but my reading of the requirements suggests that I have a good chance) (...then again, maybe it sounds like it because it actually is for the extraordinary, in which case, well, I'm glad to have a plan B)

[Boiler 43,395]

A Lawyer would handle both, they could start at the same time but the EB1 involves a lot more work. Presentation can be very important.

[fcacciola 0]

OK Great. I have a work plan now. While we are using said inmigration lawer I wanted to check the facts for myself (and at the time I talked to him, I didn't think of EB-1)

I'll research on L2 etc for my family now. Most likely I'll come back with questions.

Thank you

Just to be sure... filing a petition for EB-1 will NOT INTERFERE with the L-1 petition, is that correct?

[fcacciola 0]

BTW, as managing member of the LLC, I would be applying for an L-1a (not the typical L-1b)

[kzielu 1,144]

Oh yes, I meant wife and two minor children (and I have the question of what type of Visa should I petition for them, and when, but that's another topic)

You are right about L-1. In fact we already consulted with an Inmigration Lawer.

Did he also tell you that there is "temporary" word used together with it ? It is a work visa, time limited so while it may help to immigrate, it does not provide a permanent residence or any clear path to it. One shouldn't interfere with the other, but you really should ask this question to your lawyer.

[fcacciola 0]

kzielu, thank you for the clarification.

As a matter of fact he did. She also explained that basically, about once a year (IIRC), we would have to apply for a permission to extend the residency, based on the performance of the LLC, and after 5 years (also IIRC), we can initiate the application for permanent residency.

[fcacciola 0]

Futhermore, since EB-1 is a permanent residency Visa, it is in that context that I mentioned in my first post that I think I might have better chances. I meant, chances to get permanent residency which is my intention, compared to the L1 which is a temporary visa and the pathway to get permanent residency is based on the sucess of the company paired with proper extensions.

[fcacciola 0]

Family would get GC's on the back of your GC.

Just double checking that I get that correctly: does it mean that, if I am given the green card out of my EB-1 application, my wife and kids are *automatically* given green cards as well for the sole fact of being my wife and kids, despite being just me "the individual"?

TIA

Edited March 6, 2014 by fcacciola

[Boiler 43,395]

You apply for your family at the same time as you apply for yourself.

L1 is dual intent so it can have both immigrant and non immigrant intent, having an EB in process as well is normal.

Normally a start up L1 would be one year, longer for an existing business.

For both the family are derivatives, there ones are dependent on your one, but assuming your one is OK so will theirs.

There is also the concept of functional manager, may not be relevant in your case.

[fcacciola 0]

Ah, OK. I understand it better now. Thank you Boiler.

[calvm 10]

Ah, OK. I understand it better now. Thank you Boiler.

An EB1 without sponsorship will be very difficult to pull off..!! Typically you need to show that you are renowned person who earns extraordinary salary etc..or have Nobel Prize or Emmy Awards or something like that.. bottom line extraordinary ability. You can find more information below:

http://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1

The only EB visa where you can self sponsor is EB2 has National Interest Waiver Category which is self sponsored but may not apply in your case.

http://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2

The last one is investment based EB5 category which needs $500K investment and may apply for you:

http://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-fifth-preference-eb-5/eb-5-immigrant-investor