L1 A to Green card application

[ckalyanii]

Hi,

My husband is currently on L1 A and we are thinking to apply for Green card. So far based on different information, I think my husband is eligible to apply for GC under EBIC category. However, the company is not very keen to apply for GC in EBIC category for him. Any idea why? and what can be done in this case?

Thanks for help

[raghvi]

Hi,

My husband is currently on L1 A and we are thinking to apply for Green card. So far based on different information, I think my husband is eligible to apply for GC under EBIC category. However, the company is not very keen to apply for GC in EBIC category for him. Any idea why? and what can be done in this case?

Thanks for help

There is hardly anything that can be done if the employer is not willing. Merely being on L1A is no guarantee of EB1C approval. L1A especially blanket petitions and visas approved at the consulate are not analyzed in depth as compared to EB1C petitions. The employer may not be willing to face the extra scrutiny/documentation of EB1C, the reason could be many, the job that your spouse would perform actually does not conform to EB1C guidelines, or the company does not want to pay EB1C salary. Only the employer or their attorney can say the actual reason.

This is my opinion not legal advice.