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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108699
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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What to do in order to adjust the visa status of my managers

Customer Question

what to do in order to adjust the visa status of my managers in my company, who have E1 visa now, when the company change from foreign ownership to Americans owenrship status?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Unfortunately, that's not so easy to do. The options are limited. I just ask that you not shoot the messenger because I have no control over the limited options. That's the U.S. Congress. Anyway, what is the position of each manager? Are they owners? Have any invested in the company? What is the investment amount? Also, does the U.S. company have a related company outside of the U.S. where perhaps these persons on E had worked for that outside company for at least 1 year out of the last 3 years?

Customer: replied 1 year ago.
Hi, position of each manager is the same.
One of them will have 2% in company.
No investment ..
Regarding outside company, Yes had work few month before.Alon
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Well, one of the ways to get green card for those on E status are when their investment reaches $1,000,000 (or $500,000 in a rural or high unemployment area as designated by the U.S. government) and the creation of up to 10 jobs for U.S. workers. Since there are no investments, that won't work. You may have to look at an EB-2 or EB-3. What country were these persons born in?

Customer: replied 1 year ago.
Israel
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Ok. In EB-3 category, they need to have a PERM Labor Certification (which takes around 6 to 8 months or more) to prove that they would not be taking away a job from a U.S. worker. Here is a link:

http://www.foreignlaborcert.doleta.gov/perm.cfm

After approval, an I-140 can be filed which takes about 6 months or so unless you do Premium Processing to get a decision within 15 business days. After approval, if a visa number is ***** (right now, it should be), an I-485 can be filed. It may even be able to be filed with the I-140. Once the I-485 is filed, they can also file an I-765 to get a work permit. Once the I-485 is approved, they would get a green card. Here is a link:

http://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3

The EB-2 also requires a PERM Labor Certification, but it requires a higher level degree. The benefit is that the visa numbers tend to be current in that category because less people apply. Right now there is no wait for a visa number in that category and a one month wait in EB-3 category, but EB-3 tends to change so if it does, it may be awhile before an I-485 can be filed in EB-3, but usually in EB-2 an I-485 can be filed with the I-140. Here is a link to the EB-2:

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

And finally, there is the EB-1 (multinational manager or executive) which does not require a PERM and an I-140 and I-485 can be filed together, but it requires that the candidate have worked at least 1 year out of the last 3 years for a related company outside of the U.S. Here is a link:

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

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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