Business Visas and Green Cards: Two Different Steps

Business Visas and Green Cards: Two Different Steps

Hi. My name is Elizabeth Blandon from Blandon Law with a new video to explain why business visas do not lead to residency. I’m usually asked if business visas like the
L-1A or the E-2 or the H-1B lead to a green card, and I want to explain what those –
what those terms mean and also why that’s really false way of explaining it. First of all, let
me tell you what those business visas are. L-1A is for a multinational executive or manager who is transferring to work in the United States. An E-2 is for an investor of specific countries known as treaty countries, and an H-1B is for someone who is coming to work in a company as an employee, but that employee has special skills, so it’s a specialty occupation. Now, that’s what the business visas are. They allow you to work in the United States for
a fixed period of time, and you get the visas in an embassy or consulate outside the United States. By contrast, there’s a green card, which is the ID card that’s given to someone when they become a legal permanent resident. A legal permanent resident is allowed to remain in the United States and does not have a fixed period, unless – you know – you received your residency with something known as “removal of conditions” which we’re not going to talk about today in the video, but generally a legal permanent resident doesn’t have a fixed period of time. They can stay in the United States for the rest of their life. Most legal permanent residents do eventually want to move on to citizenship. But again, that’s for another video. My point here is that there are generally several ways to get a green card. One of them is employment or investment, but just because you can become – get employment through a business visa does not mean that that will lead to residency through employment. They are two separate processes. Let me give you an example. If you come into the United States with an L-1A visa as a multinational executive or manager, you will have a limited period of time to be here. When your period ends, if you have not done any process – any other process – that’s it. You have to go back to your home country. You will not become a resident. If you want to become a resident, as a multinational executive or manager, your company has to submit a totally different
petition. Not a visa petition, but a petition for an alien worker known as form I-140 (also to Immigration). After that petition is approved, or together with that petition – then the multinational executive or manager, along with the spouse and any children under 21 years of age, applies for residency. Similarly, if the executive or manager wants to apply for residency but the spouse doesn’t, the spouse will not become a resident. So, you see, these are two completely different processes. Now, who should do both? Well, somebody who wants to come immediately to work for the United States and eventually wants to become a resident. If you want both of those goals, then you should see an immigration expert who will do both the visa and the residency for you. It has been a pleasure to protect and inform you. That’s what we do here at Blandon Law, and if you’re one of our clients it’s a pleasure to always open the door to your success.

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