Permanent Residency thru employment - EB1(1),

  Mr. Ingram:
  Why is it so hard for a Canadian Citizen with L-1B Visa (been 4th year in-out of USA-Canada) to become a resident of USA? I talked to a lawyer and I was told 13 years to process? UNBELEIVABLE! What do you suggest?
    -------------- Original message -------------- 
    Expert:         taxman at
    Date:           Monday September 13, 2004
    Time:           05:28 PM -0700
    I sent you a previous e-mail re immigration.
    The site above is the USCIS explanation (please see 3rd preference) re applying for per 
    david ingram replies:
    You have the  answer - the company must be "willing" ---- I do not think that your company has been willing.  In addition if you went down as a transferee as an L2 transferee, the general idea is that you are supposed to train an American resident to do your job and then go home.
    In my first answer to you, I thought you were the holder of an "H" visa.  The big problem is that (I know I am right) the company implied a whole lot to get you down there.
    I think that the company is using the visa situation to return you to Canada.
    However, do understand that the rules are such that if there is a qualified American, "you" do not qualify under the rules.
    david ingram
david ingram replies:
The site that you reference is NOT the USCIS site.  Itias a private firm but the information is correct.
I think my first answer to you was correct. The company does not want you on a permanent basis.  Otherwise they would be processing you as an EB1(3) First preference which would get you your Green card in a year or two.  This would be the case if you are an international  manager who was transferred as a manager.
OR, they would be processing you under:
The Second Preference would take longer - 2  or 3 years and would apply to you as an extremely skilled worker. However, unless your employment is in the US "national" interest, it also requires labor certification and you can look around your area to see if someone else is available to take your job. The national interest seems to work a lot.
However, you have pointed out the third preference in your email.
This one requires an absolute labor certification, so look around and see what is happening.  Is there competition?
I expect that your company intends to transfer you back to Canada.  If this is the case it is NOT in the best interest of the company to get you your resident alien (green) card because it gives you the freedom to change jobs and makes you less dependent on the Company.  I think that Hockey teams have the same problem when a player becomes a free agent.
What the lawyer was telling you is that for an individual to apply on their own, there is a 13 or 14 year waiting list.
For the record, Canada would treat an American working in Canada much more kindly.
I will send this to the group and see if anyone else wants to comment.
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