L1A - Employer filing for EB3 instead of EB1

[Tako]

Hello,

I'm currently on a L1A, and been working for this company for almost 9 years (3 years in the US on L1-A, 6 years in Europe) and in total for 13 years, but left high school to work (autodidact, slef made man).
The company started my GC process a long time ago(went though the part where my job has been opened), but now that I have to sign for the official filing, I realized that they are filing for an EB3 instead of an EB1.
Their justification is that, depiste my L1-A being renewed a couple of months ago, my role is more of an international project manager than an international manager (no direct reports, just taking care of a project team over different countries).

I didn't sign the papers for the EB3 yet:

- Is there concern valid, ie, my EB1 would be refused even though my L1-A has been approved twice?
- Should I refuse the EB3 and push for EB1 instead?
- Can they start the EB3 anyway, but then ask for an EB1?

Thanks for your help!

[immihelp]

It is really up to the employer to determine what category their job requirement falls under and what category they should apply for the green card in.

[appuchan]

These days many Indian companies use EB3 as a way to prevent their employees from leaving the job. Many of them don't file for EB1 even if the employees are perfectly eligible. This may be due to fear that they may quit job after getting the GC. There could also be possible cost differences due to attorney fees etc.

[lisaanderson]

Hello,

I'm currently on a L1A, and been working for this company for almost 9 years (3 years in the US on L1-A, 6 years in Europe) and in total for 13 years, but left high school to work (autodidact, slef made man).
The company started my GC process a long time ago(went though the part where my job has been opened), but now that I have to sign for the official filing, I realized that they are filing for an EB3 instead of an EB1.
Their justification is that, depiste my L1-A being renewed a couple of months ago, my role is more of an international project manager than an international manager (no direct reports, just taking care of a project team over different countries).

I didn't sign the papers for the EB3 yet:

- Is there concern valid, ie, my EB1 would be refused even though my L1-A has been approved twice?
- Should I refuse the EB3 and push for EB1 instead?
- Can they start the EB3 anyway, but then ask for an EB1?

Thanks for your help!

1. Yes, as the standards for the Eb-1 differ slightly from the L-1A. If you are really concerned, you should invest in seeking the opinion of a qualified immigration attorney who can review your L-1A petitions and give you an honest assessment.
2. You can, but you should do number 1 first.
3. Yes.