Opportunities

EB1C presents a speedy US permanent residency solution for international businessmen and entrepreneurs. EB1C must be sponsored by the US entity of the international affiliated companies that the beneficiary worked overseas for at least one year during the three years prior to either application for EB1C or initial entry on a L-1 visa.
The qualifying businesses do not have to be large scale multinational companies. As long as the qualifying relationship, i.e. office, affiliate, subsidiary or parent relationship is met, there is a valid multinational structure for L-1 purposes.
The qualifying employer may be nonprofit, religious, and charitable organizations, in addition to for-profit multinational companies.
Acquiring an existing US business may be an expedite way of meeting the required intracompany or multinational structure.

Challenges:

USCIS strictly scrutinizes the business plan associated with the L-1 new company submission and challenges any possible aspect of feasibility of the business operation
USCIS has strict and precise standard for demonstrating the one-out-of-the-three-year employment requirement before filing or entry as L-1 visa.
Due to USCIS’ practice of protracted adjudication of the EB1C cases, the beneficiary must maintain and extend his or her non-immigrant status while the EB1C case is pending. This is true for beneficiaries born in countries subject to an immigrant visa backlog or for those who have filed the adjustment of status application. With USCIS’ adjudication lasting as long as more than one year for EB1C cases and approximately the same time for the ensuing adjustment of status application, beneficiaries may need to extend L-1 or other nonimmigrant status one additional time.
USCIS made very clear that an approved L-1 extension does not mean an automatically approved EB1C immigration petition and each case has to be reviewed with independent scrutiny.

Draft highly detailed business plans that dovetails every aspect of the business operation and have clear strategies to defend the feasibility of the plan even before USCIS’ challenges arise
Overall initial assessment to ensure compliance with the EB1C regulations and memos
Pre-submission due diligence and checking to ensure consistency among documents
Adequate explanation of the business necessity and rationale for adopting certain operational practices or methodologies

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