Dr. William:

When I was transferred to its U.S. subsidiary company in Michigan, my job was a Software Engineer. I worked in that status for four years, and promoted to a IT manager position seven months ago. Since L-1B maximum is five years, I am approaching the five-year limit for L-1B. My question is: can I change my status to L-1A, and do you think I am eligible for the EB-1C immigrant category of multinational corporate manager?

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Answer:

You can change your status to L-1A now, but you are still not eligible for the EB-1C immigrant category of multinational corporate manager, which does not require a Labor Certification. You are ineligible because the law requires that you should have worked at a manager position in the foreign parent company at least for one year. 

When you first came to the U.S., your employer could not file a L-1A visa petition for you, because you were not qualified at the time as a manager . That is why your company brought you over here in L-1B status rather than L-1A status. 

 

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