L1 or EB3 or TN for Mexican citizen - L1A extension under threat


#1

Hello Gupta,
I am Mexican with an L-1A that will expire next July. One of my 3 children has an L2
My wife and 2 children have a separate visa that do not depend on mine.

I have five questions, please feel free to answer only the questions you want :slight_smile:

  1. The company that sponsors me has only 2 employees and revenues were low this year, so how difficult is to get my L1-A renewal?

  2. If you believe chances are I am not going to get my L1 renewed due to the situation of the business, can I apply for a TN and when?

  3. If aTN gets approved can I start my process to an EB-3?

  4. A company wanting to hire a foreign under an EB-3 needs to prove a certain number of employees and revenues?

  5. Due to the fact that my visa is uncertain at this point, is it recommendable for my son to apply for his own F-1 vs depending on me?

Thank you in advance


(Anil Gupta) #2

L1 A approval chances

If your earlier L1A approval came with lower number of employees, then it should not be a problem for extension.

It is okay to have lower revenues. Businesses do get losses.

Apply TN visa

You can apply TN visa anytime you want.

Apply EB3 Green card with TN visa

You cannot apply for Green Card using TN visa. If you do, there will be issues renewing your TN visa.

You need to have another visa like H1B or your existing L1A to be eligible for any kind of employment based Green Card application as they permit dual intent of work and Green card.

EB3 requirements

EB3 is green card category and not employment based visa category.

Your employer would first need to hire you on a visa like H1B or L1 and then will file EB3 or EB2 or EB1 based on your education level.

Child’s F1

If you think that you may have to leave US due to L1 extension denial and your kids want to stay in USA, then, yes, they should look out for some visa that can help them stay back without you.

F1 is a good option.


#3

Thank you for your answer Gupta. I was never explained all this by my attorney.

I want to give you some more facts and will try to be as concise as possible in a way this can help other members in this community as well as to clarify more for me.

When my L1 visa got approved three years ago, the company was opening so it had zero revenue and 7 employees.

Today the company has 2 employees (including myself) and 450K on total revenues.

When I got hired, three years ago, I generated business 10 times more than expected. For two years the company was doing amazing. However, our business had only one huge client and I decided to focus on customer service and delivering vs new sales. The client we got unexpectedly shut down its operations and 2017 we came down to 1.5 million sales instead of the 15 -20 million sales we had made in 2015 and 2016.

2018 our revenue was 480K. It was a year of cutting expenses, reorganizing the business and literally start the business plan from scratch. So yes, the company today has very low sales compared with 2015-2017 but has no mayor debt, taxes are paid on time, and business is healthy. It only has two employees and outsource everything as needed.

The company needs me because I am a great business developer, have been on this business for 20 years, I am very talented at sales and know how to operate at very low costs. Without the huge client we got before we certainly won’t do the 15 million dollars sales but I believe we can make 3-5 millions in revenue by 2020. The only thing I need right now is time to continue running the company.

Is all the above relevant?

Our migration attorney says if the company doesn’t prove revenue of at least 1.5 million and at least 5 managers under my supervision the L1 visa won’t get renewed. I can’t achieve the 1.5 million in revenue “today”.

And yes, the business could hire 3 managers but it would hurt the company finances badly.

What do you recommend?

Thank you in advance.

Sincerely,

Ivette Larralde

"LIFE IS GOOD"


(Anil Gupta) #4

The L1A eligibility might be affected by revenues and other business projections.

The Visa officer looks at every aspect and tries to find if there is any fraud or fabrication of accounting books have been done to show one’s eligibility.

Also, more recently, USCIS has indeed increased the level of eligibility criteria for L1A to show the profile and salaries of persons reporting to an L1A manager.

I can’t really guess how the visa officer will interpret your current scenario based on your previous L1 approval.
Anything can happen.

I think it would be better to go with what your attorney is suggesting.