Obtaining an EB-1C visa typically takes 2 to 4 years, but based on the resources available to the client, SI Group tailored a suitable process that allowed Mr. H.T.N to acquire his Permanent Resident Card in just 12 months.
Overview of the Client
Mr. H.T.N specializes in producing apparel for export to the U.S. His business in the U.S. has been very successful, prompting him to apply for an L1-A visa (temporary residency) and subsequently an EB-1C visa to relocate his entire family to the U.S. While he believed that his business conditions would facilitate the process, he was worried when he learned that it would take at least 2 to 4 years to finalize the EB-1C visa.
Client’s Concerns
Given the current scale and revenue of Mr. N’s company, he met the criteria for a successful L1-A visa application. However, upon contacting several service providers, he consistently received the same advice: it would take 2 to 4 years to complete the EB-1C visa application process.
This timeline is understandable because, according to the standard process, transitioning from an L1-A visa to an EB-1C requires that Mr. N. must be in a managerial or executive role in Vietnam, and the U.S. branch must have been operational for at least one year before applying for the EB-1C visa. Thus, the total process would take a minimum of 2 years.
The biggest concern for Mr. N. at this time was the lengthy process of obtaining the EB-1C visa, which would delay his family’s move to the U.S. Upon approaching SI Group, all issues were addressed differently. The SI Group team, based on the actual conditions, designed a new path for the client, shortening the usual timeline of 2-4 years to just 12 months to receive Green Cards for the entire family.
SI Group’s Solution for a 12-Month Green Card
Instead of following the standard model that other consulting firms implemented, SI Group conducted an in-depth assessment of Mr. N’s conditions and desires to find a suitable solution that ensures the best benefits for the client.
After careful consideration, SI Group determined that applying for the L1-A visa first and then converting to EB1-C was unnecessary. Instead, SI Group recommended that Mr. N. directly submit his application along with relevant evidence to obtain his Green Card. This approach allowed Mr. N. to shorten the time needed for temporary residency and secure his permanent resident status while still in Vietnam.
Both the L1-A and EB-1C visas allow foreign companies to bring managers or executives to the U.S. for work, but there are significant differences between the two, which is why we advised Mr. N. to apply directly for the EB-1C visa instead of going through L1-A:
|
Feature |
L1-A Visa |
EB-1C Visa |
|
Visa Duration |
A temporary visa allowing managers or executives to work in a subsidiary or newly established company in the U.S., with a maximum duration of 7 years. |
A visa allowing managers or executives to reside and work at multinational companies with offices in the U.S., with no maximum time limit. |
|
Conditions for Issuance |
For businesses: the company in the U.S. must meet requirements regarding office location and size. For investors: must be at least 18 years old, meet health and criminal background requirements, and possess executive management capability in the U.S. |
For businesses: the parent company in Vietnam must be sufficiently large and financially capable to invest in the U.S. The subsidiary in the U.S. must have been operational for at least one year, with a viable business plan for future growth. For investors: must be at least 18 years old, hold a senior management position in the parent company, and have the ability and experience to manage and operate the U.S. business. |
|
Employment Rights |
Must work only for the sponsoring company. |
Can freely work for different companies across various industries without restrictions. |
|
Conditions for Green Card |
The investor needs to meet time requirements, then apply for the EB-1C visa to obtain a Green Card. |
The investor can obtain a Green Card without any restrictions. |
Through this comparison, SI Group recognized that Mr. N. was fully qualified to obtain an EB-1C visa without going through the L1-A process, saving additional time.
Processing Journey and EB-1C Application Results
Currently, Mr. N. is successfully producing and selling apparel in the U.S., generating tens of millions of USD in revenue each year, which satisfies the business scale requirements for the EB-1C visa. The most significant challenge was demonstrating that his business in the U.S. would maintain long-term revenue growth. To address this, SI Group extensively researched the U.S. market for the apparel products Mr. N. was dealing with, proving that the competitive advantages related to product quality and pricing would help expand market share and dominate the apparel segment. This successfully convinced the U.S. Immigration Department to grant the EB-1C visa.
As a result, SI Group completed the entire process within 12 months, from consultation to finalizing the application for submission to the government. The client expressed great joy at being able to obtain a Green Card in such a short time, exceeding previous expectations.
