Pros and cons of GC vs Temp immigration (green card, applying, L1A)

[technogeekery]

Hi all - have been asked by my company to transfer to USA for indefinite posting, probably 3 yrs+, could be longer. Will be starting up a new business within the company, but the company itself is multinational, has been established for many years in USA + abroad, and I've been an exec in Aus / Japan for 8 years. Simplest way from the companies perspective would be to sponsor me for L1A non-immigrant visa, which I believe would give me up to 7 years in USA, my wife could work, and easy/quick to arrange. I'm interested in contrasting this with applying for permanent residence on EB1 basis instead. I have no special desire right now to live in the USA permanently, but I'd like to have that option. I like to have as much flexibility as possible in my work & personal life, and don't like the idea that if I ever left my company, I'd have to leave USA immediately, so a green card just gives me that much more flexibility. Helps at annual salary review time too...

I think with the short time (4 months) until the planned move, we'd have to go on L1A, then get my company to sponsor GC via EB1 process - so I'd need to stipulate that with them in my relocation contract. Does this sound like the right way to go? Are then any DISADVANTAGES to being GC holder as opposed to temp on L1A? (I think taxation is similar on both, and my wife could work on both).

Any advice welcome, especially if you have been through this situation. Many thanks

[Whatsthenews]

Originally Posted by technogeekery

Hi all - have been asked by my company to transfer to USA for indefinite posting, probably 3 yrs+, could be longer. Will be starting up a new business within the company, but the company itself is multinational, has been established for many years in USA + abroad, and I've been an exec in Aus / Japan for 8 years. Simplest way from the companies perspective would be to sponsor me for L1A non-immigrant visa, which I believe would give me up to 7 years in USA, my wife could work, and easy/quick to arrange. I'm interested in contrasting this with applying for permanent residence on EB1 basis instead. I have no special desire right now to live in the USA permanently, but I'd like to have that option. I like to have as much flexibility as possible in my work & personal life, and don't like the idea that if I ever left my company, I'd have to leave USA immediately, so a green card just gives me that much more flexibility. Helps at annual salary review time too...

I think with the short time (4 months) until the planned move, we'd have to go on L1A, then get my company to sponsor GC via EB1 process - so I'd need to stipulate that with them in my relocation contract. Does this sound like the right way to go? Are then any DISADVANTAGES to being GC holder as opposed to temp on L1A? (I think taxation is similar on both, and my wife could work on both).

Any advice welcome, especially if you have been through this situation. Many thanks

On L1a you can only work for that company.
If you have EB1 you can work for anyone.

Other than that in your situation I can't see that there's much to chose really.
and not sure that there would be much difference in time scale of getting you started in the USA as no labor certification required for EB1.

[timfountain]

If you decide to move I would only go the L1A route with a written agreement from the company that they will sponsor you for the GC. You don't get to directly pick the EB category, but EB1 would be fine, no labor cer and running pretty quick at present. You can apply for the GC the moment you get here, L1 is a dual intent visa. In addition your spouse can work with EAD with an L2 visa. There have been some sporadic issues with cetain parts of the US not issuing SSN for L2's but if you have all your docs in a row you should be fine.
I would get the GC ASAP as you are then mobile, not tied to the original company (after a 6+ months) and will not feel like you have the sword of damocles hanging over your head with a clock ticking down the days until you have to leave. Good luck and let us know what you decide.

- Tim

PS I came on an L1A in 2002 with my wife on an L2 and got the GC's in about 18 months (things were taking a little longer back then), 5 years later I got citizenship. We had no idea when we started the process, I feel very fortunate when I hear of the years to decades it can take H1B's and siblings of citizens....

[T-310]

L-1A is all you qualify for.

You can always apply to readjust status to Resident alien.

[technogeekery]

Thanks people, sounds like L1a is the way to go, with contractual agreement that the company will sponsor me for GC. Appreciate your advice / insight. timfountain - yes, I can imagine that happening to us too - its not the intention, we plan to go back to Australia - but who knows how we'll feel in 3 years, so why not keep options open.

Cheers

TG

[T-310]

Originally Posted by technogeekery

Thanks people, sounds like L1a is the way to go, with contractual agreement that the company will sponsor me for GC. Appreciate your advice / insight. timfountain - yes, I can imagine that happening to us too - its not the intention, we plan to go back to Australia - but who knows how we'll feel in 3 years, so why not keep options open.

Cheers

TG

I don't think the company can sponsor for a green card. You have to file to adjust status from a non-immigrant to a immigrant using the company to prove that you will be 120% above the poverty level.

[chicagojlo]

Yes the company can sponsor for an employment based green card, he's simply opening a subsidiary office of an already established (and presumably sizable) company.

There aren't any disadvantages to getting a green card other than having to deal with the headache of getting it. The advantages are many, as listed above.