Published on Lawyers.com and the Epoch Times on February 12, 2016
Q & A 1. 2. 3. 4.
Q&A 1.
I am Looking for an Intra-Company Transfer from Europe to the US and Apply Directly for a Green Card
It's a startup - HQ here in California, office in German where I am employed. I have been a Senior Solution Engineer, now Partner Manager and heading the department. What is required to qualify for an L1A and directly qualify for a Green Card application? How long does this process take? In case I only qualify for L1B, how long will it take to get the Green Card (on average). I read about revenue stream is important from a company standpoint - how does the reality look like here? I am from Austria.
Mr. Lee answers:
U.S.C.I.S. generally looks at the prospects of a company. If the company in the home country is large in size and has plans to make a good size company in the U. S., the chances are that the L-1 intracompany transferee visa and later application for green card will be approved as long as the individual is qualified. Where there is a small company overseas looking to open up an even smaller company in the U. S., U.S.C.I.S. has historically not been very friendly to the applications. Your position of senior solution engineer, now partner manager and heading the department, would appear to be a qualifying executive or managerial position for an L-1A visa status. The L-1A petition can take 1-2 months (California Service Center) although it can be expedited with the payment of a premium processing fee to U.S.C.I.S. If you only qualify for L-1B, the green card on average would take approximately 2 years if everything goes well as long as you apply and are approved for the EB-2 classification (the position requiring a Masters degree or a bachelors and 5 years of relevant and progressive experience in the field).
Q&A 2.
8 Year Old Child in the U.S Can He Get Citizenship?
If the child was 8 years of age when he got to the U.S, would he get the citizenship or even the nationalism?
Mr. Lee answers:
A child entering the U. S. at the age of 8 years is not by virtue of age allowed permanent residence, citizenship, or nationality of this country. I do note that currently many children who arrived in the U. S. by the age of 16, have resided here for a long time, and meet certain schooling requirements or served honorably in the U. S. Armed Forces or Coast Guard are being given the ability to stay for a duration of time and employment authorization under the Administration’s Deferred Action for Childhood Arrivals (DACA) program.
Q&A 3.
Applying for H-1B While Being Under TN Status?
Right now I’m under TN status and my employer has started the process to apply for H1B visa for me, my current I-94 permit expires on December 2016, wondering if I would any issues if I want to travel to Mexico on September or what would happen with my status if I don’t get approved for H1B.
Mr. Lee answers:
I do not believe that anything would happen to you or your status if the H-1B does not go through for you. You would still retain your TN status. On the question of travel, it depends upon how your employer is applying for your H-1B visa – is he/she asking for a change of status in the U. S. or for processing outside the country? The rule on change of status is that any travel outside the U. S. while the application is pending voids the change of status part of the H-1B application.
Q&A 4.
If I Am Denied E-2 Visa
I need to renew my E-2 visa in months. IF I am not approved, I have to go out of the states. In that way, I do not have enough time to clean up my stuff and also want to continue my business hoping to get the business better. Is it possible to apply for E2 visa again? Or should I apply for a different visa?
Mr. Lee answers:
If you believe that you have a chance of being denied on E-2 renewal in the States, you may wish to hire a manager if you have not already done so in order to continue your business even if you are not here. It may be possible to apply for an E-2 visa again depending upon what you are able to show a consular officer in terms of the investment and its prospects. Whether you should apply for a different visa is a question that I cannot answer as I do not know enough of your situation to reasonably comment.
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