On June 30, 2026, the Supreme Court issued its decision in Trump v. Barbara, holding that children born in the United States to parents who are unlawfully or temporarily present are U.S. citizens at birth under the Fourteenth Amendment.
The decision prevents enforcement of Executive Order 14160, which sought to deny automatic citizenship to certain U.S.-born children based on their parents’ immigration status. The ruling preserves the longstanding general rule that a child born on U.S. soil acquires citizenship at birth, subject to narrow exceptions.
The Court’s Holding
The Citizenship Clause of the Fourteenth Amendment provides that all persons born or naturalized in the United States and subject to its jurisdiction are citizens of the United States and the state where they reside.
InTrump v. Barbara, No. 25-365, the Court considered whether children born in the United States remain “subject to the jurisdiction” of the country when their parents are:
Present without lawful immigration status; or
Lawfully present in a temporary status, such as a nonimmigrant visa classification.
The Court held that these children are subject to U.S. jurisdiction and therefore acquire citizenship at birth. A parent’s temporary or unlawful presence does not remove the child from the protection of the Citizenship Clause.
What Executive Order 14160 Sought to Change
President Donald Trump issued Executive Order 14160, titled “Protecting the Meaning and Value of American Citizenship,” on January 20, 2025.
The order directed federal agencies not to recognize U.S. citizenship for certain children born in the United States when:
The mother was unlawfully present and the father was neither a U.S. citizen nor a lawful permanent resident at the time of birth; or
The mother was lawfully but temporarily present and the father was neither a U.S. citizen nor a lawful permanent resident at the time of birth.
The second group could have included children born while their mothers were present in temporary classifications associated with employment, study, business, investment, tourism, or dependent status.
Federal courts blocked the order before it took effect. The Supreme Court has now affirmed the nationwide class-based injunction preventing its enforcement.
Why the Court Rejected the Order
The administration argued that children born to parents who lacked permanent domicile in the United States were not fully subject to U.S. jurisdiction.
The Court rejected that interpretation. Writing for the majority, Chief Justice John Roberts concluded that the phrase “subject to the jurisdiction” concerns the United States’ authority to govern individuals within its territory, not whether the child’s parents are permanently domiciled in the country.
The Court relied on:
The text and historical background of the Fourteenth Amendment;
The common-law principle of citizenship based on birthplace;
The purpose of the Citizenship Clause following Dred Scott v. Sandford;
Congressional debates surrounding the Civil Rights Act of 1866 and the Fourteenth Amendment; and
The Court’s earlier decision in United States v. Wong Kim Ark.
Under this framework, individuals temporarily or unlawfully present in the United States remain subject to U.S. law. Their U.S.-born children are therefore generally citizens at birth.
The Court’s Alignment
Chief Justice Roberts wrote the majority opinion, joined by Justices Sonia Sotomayor, Elena Kagan, Amy Coney Barrett, and Ketanji Brown Jackson.
Justice Jackson filed a separate concurrence, joined in part by Justice Sotomayor.
Justice Brett Kavanaugh agreed that Executive Order 14160 could not be enforced but disagreed with the majority’s constitutional reasoning. He concluded that the order conflicted with the federal citizenship statute, 8 U.S.C. § 1401(a), and would have resolved the case on that narrower statutory ground.
Justices Clarence Thomas, Neil Gorsuch, and Samuel Alito dissented through separate opinions. The dissenting justices generally argued that the Citizenship Clause should be interpreted with greater emphasis on the parents’ domicile or political relationship with the United States.
Limited Exceptions Remain
The decision confirms a broad rule of citizenship based on birth within the United States, but that rule has historically included narrow exceptions.
The clearest modern exception generally concerns children born to accredited foreign diplomats who possess diplomatic immunity. Historical doctrine also recognizes an exception involving children born during hostile occupation by an enemy force.
These limited circumstances are fundamentally different from ordinary nonimmigrant or undocumented presence. A child is not excluded from citizenship merely because a parent:
Holds a temporary work visa;
Is present as an international student;
Holds visitor, investor, or dependent status;
Has a pending immigration application;
Has overstayed a period of authorized admission; or
Is otherwise present without lawful status.
Relationship to Trump v. CASA
The Supreme Court previously considered litigation involving the same executive order in Trump v. CASA, Inc. That case addressed the authority of federal courts to issue nationwide injunctions. It did not decide whether restricting birthright citizenship was constitutional.
Following CASA, a federal district court provisionally certified a nationwide class of affected children and entered a class-wide injunction against enforcement. Trump v. Barbara reached the underlying constitutional question and affirmed the district court’s judgment.
The two decisions therefore address different issues. CASA concerned the form and scope of judicial relief, while Barbara decided whether the executive order’s citizenship restrictions could lawfully be applied.
Practical Effect for Immigrant Families
The ruling preserves the existing treatment of children born in the United States. Parents do not need to establish U.S. citizenship, permanent residence, or a particular immigration status for an otherwise qualifying U.S.-born child to acquire citizenship at birth.
Families should continue to document a child’s birth through the applicable state or local vital-records authority. A certified U.S. birth certificate generally serves as primary evidence of the child’s birth in the United States and may be used when applying for a U.S. passport or other citizenship documentation.
The decision does not give the parents any separate immigration benefit. Having a U.S.-citizen child:
Does not automatically grant lawful immigration status to either parent;
Does not provide immediate protection from removal;
Does not authorize employment;
Does not cure a visa overstay or other immigration violation; and
Does not allow the child to petition for a parent until the child reaches the required age and all other legal requirements are satisfied.
Birthright citizenship and a parent’s immigration status remain separate legal issues.
What the Decision Means for Business-Migration Families
The ruling is especially significant for executives, investors, professionals, students, and other foreign nationals living in the United States temporarily.
A child born in the United States will generally acquire U.S. citizenship even when both parents hold temporary nonimmigrant status, such as L-1, L-2, E-2, H-1B, H-4, O-1, F-1, or another qualifying classification. The parents and other family members must still maintain their own valid immigration status.
Families should also consider the international consequences of the child’s citizenship. Depending on the parents’ nationality and the laws of their home country, the child may acquire more than one nationality at birth. Dual-nationality questions can affect passport use, consular registration, military-service obligations, taxation, inheritance, and future travel.
Current Status of the Executive Order
Executive Order 14160 remains unenforceable. Federal agencies may not implement its restrictions against the nationwide class protected by the injunction affirmed in Trump v. Barbara.
The decision establishes that children born in the United States to parents who are unlawfully or temporarily present are citizens under the Fourteenth Amendment. Any future attempt to impose comparable restrictions would need to account for the Court’s constitutional holding.
Need to know more?
For questions about the US citizenship, please contact
This blog was published on 10 August 2026 and reflects information available at that time. Updates may occur as policies evolve. To stay informed on the latest immigration news and analysis, please subscribe to our alerts and follow us on LinkedIn, Twitter, Facebook and Instagram.
Phoenix Business Advisory assists entrepreneurs, executives, investors, and professionals with employment-based immigration and long-term business-migration planning. Applicants should evaluate visa availability as part of a broader strategy that accounts for petition timing, nonimmigrant status, adjustment of status, consular processing, and potential category alternatives.
This article is provided for general informational purposes and does not constitute legal advice. Businesses should consult qualified legal counsel regarding requirements applicable to their particular operations, workforce, and government contracts.
The EB-5 Immigrant Investor Program provides qualifying foreign investors and their eligible family members with a potential pathway to lawful permanent residence through investment in a U.S. commercial enterprise that creates jobs for U.S. workers.
For investors from countries experiencing substantial employment-based visa backlogs, including India and China, EB-5 may offer an alternative to categories such as EB-1, EB-2, and EB-3. The EB-5 Reform and Integrity Act of 2022 also created reserved visa categories for qualifying rural, high-unemployment, and infrastructure investments, although visa availability and processing times remain subject to change.
A significant EB-5 filing date is now approaching. Under current law, certain petitions filed on or before September 30, 2026, receive statutory protection against a future lapse of the Regional Center Program.
The Regional Center Program and the RIA
Congress created the EB-5 Regional Center Program in the early 1990s to encourage investment through designated organizations that pool investor capital into qualifying economic-development projects.
The program historically depended on periodic congressional extensions. When authorization lapsed, pending investors faced uncertainty regarding whether USCIS could continue processing their petitions or whether the Department of State could issue related immigrant visas.
Congress addressed this concern through the EB-5 Reform and Integrity Act of 2022. The RIA:
Reauthorized the Regional Center Program;
Established new compliance and oversight requirements;
Created protections intended to promote program integrity;
Revised investment and targeted-employment-area rules;
Reserved visa numbers for certain project types; and
Added a grandfathering provision for qualifying petitions filed by a specified date.
The RIA directs the government to continue processing qualifying EB-5 petitions filed on or before September 30, 2026, even if congressional authorization for the Regional Center Program later expires.
For a typical post-RIA regional center investor, the relevant filing is Form I-526E, Immigrant Petition by Regional Center Investor. A properly filed petition received by USCIS on or before the statutory cutoff may therefore benefit from protection if the program lapses after its current authorization ends.
The provision is intended to prevent a future program lapse from leaving already-filed investors without an immigration process solely because Congress did not extend the Regional Center Program.
In practical terms, grandfathering can help preserve:
Continued adjudication of the qualifying investor petition;
Continued processing of the related permanent-residence case;
Availability of immigrant visas under the protected petition, subject to numerical limits; and
Protection from interruption based solely on a later expiration of Regional Center Program authorization.
What Grandfathering Does Not Guarantee
The protection is important, but it should not be described as a guarantee of petition approval or permanent residence.
Grandfathering does not:
Waive any EB-5 eligibility requirement;
Guarantee approval of Form I-526E;
Guarantee that an immigrant visa will be immediately available;
Eliminate country-based backlogs or retrogression;
Accelerate USCIS or consular processing;
Excuse deficiencies in the investor’s source or path of funds;
Protect an investor from project failure;
Guarantee repayment of invested capital;
Remove admissibility requirements;
Guarantee approval of Form I-829 to remove conditions; or
Insulate a case from every possible future statutory, regulatory, or policy change.
The grandfathering language principally addresses continued processing in the event that Regional Center Program authorization expires. Claims that it permanently freezes every aspect of current EB-5 law may extend beyond the protection established by the statute.
Why September 30, 2026 Is Different From September 30, 2027
The two dates serve different purposes:
Date
Significance
September 30, 2026
Current statutory cutoff for qualifying petitions to receive grandfathering protection
September 30, 2027
Current expiration date for congressional authorization of the Regional Center Program
The Regional Center Program does not expire on September 30, 2026. Under current law, investors may still be able to file regional center petitions after that date and through the program’s authorization period.
The difference is that a petition filed after September 30, 2026, may not receive the same express statutory protection if the program later expires without further congressional action.
Congress could extend or revise the grandfathering date before the cutoff, but investors should plan according to the law currently in effect rather than assume that an extension will occur.
Petition Approval Is Not the Same as Receiving a Green Card
Prospective investors should be cautious when evaluating statements that EB-5 investors are receiving green cards within approximately one year.
The EB-5 process has multiple stages:
Investment and petition preparation: The investor selects a project, transfers the required capital, documents the lawful source and path of funds, and files Form I-526E.
USCIS petition adjudication: USCIS determines whether the investor and investment satisfy the EB-5 requirements.
Conditional permanent residence: After petition approval and when a visa number is available, the investor applies through adjustment of status or consular processing.
Removal of conditions: Near the end of the two-year conditional residence period, the investor files Form I-829 to demonstrate continued eligibility and qualifying job creation.
Some investors may receive Form I-526E decisions relatively quickly, particularly in categories receiving priority treatment. That does not mean every investor will obtain conditional permanent residence within the same period.
The final timeline depends on factors including:
USCIS processing;
Whether the project qualifies for priority treatment;
The investor’s country of chargeability;
Visa-number availability;
Adjustment of status or consular processing;
Security and background checks;
Requests for Evidence;
Consular scheduling and administrative processing; and
The quality and completeness of the original filing.
Special Considerations for Investors Born in India or China
EB-5 may be attractive to investors born in India or China because those countries face lengthy backlogs in several employment-based categories.
However, EB-5 itself is subject to annual numerical and per-country limits. The August 2026 Visa Bulletin lists the India and China EB-5 Unreserved categories as unavailable or backlogged, while the Rural, High-Unemployment, and Infrastructure set-aside categories remain current for all countries. Visa availability can change from month to month.
An investor should therefore evaluate:
Country of chargeability, which is usually based on birthplace;
Whether cross-chargeability through a spouse may be available;
Whether the project falls within a reserved visa category;
The likelihood of future demand and retrogression;
Whether concurrent filing is available and appropriate;
The investor’s current U.S. immigration status; and
The family’s long-term residence and travel objectives.
A current category permits a qualifying applicant to proceed without a published visa backlog, but it does not guarantee that the category will remain current throughout the case.
Preparing a Filing Requires More Than Selecting a Project
An EB-5 petition should not be assembled at the last minute. Investors seeking protection under the September 30 deadline must allow sufficient time for financial and immigration due diligence.
Preparation may include:
Reviewing the regional center and project documentation;
Evaluating the project’s job-creation methodology;
Examining investment structure, repayment terms, and financial risk;
Documenting the lawful source of the investment capital;
Tracing the complete movement of funds;
Addressing gifts, loans, property sales, business income, or inherited assets;
Completing currency transfers and required banking documentation;
Reviewing tax records and financial statements;
Preparing civil documents for accompanying family members; and
Coordinating the immigration petition with the underlying investment transaction.
A rushed filing may create evidentiary problems that grandfathering cannot cure.
Filing Before the Deadline
For investors seeking grandfathering protection, the petition must be properly filed by the statutory cutoff. Beginning preparation by September 30 is not sufficient.
Investors should account for:
USCIS receipt and filing requirements;
Rejection risks involving forms, signatures, or fees;
International bank-transfer delays;
Source-of-funds documentation;
Translation requirements;
Project subscription procedures; and
Potential increases in filing volume as the deadline approaches.
Filing early may also establish an earlier priority date, which can become important if visa demand increases.
Evaluating the EB-5 Opportunity
The September 30, 2026 deadline is an important planning consideration, but it should not override careful project and financial review. EB-5 capital must generally remain at risk, and immigration approval does not guarantee the commercial success of the investment.
Before proceeding, an investor should separately evaluate:
Immigration eligibility: Whether the investment, source of funds, and proposed job creation satisfy EB-5 requirements.
Financial risk: Whether the offering, project, developer, capital structure, and exit strategy are commercially acceptable.
Visa strategy: Whether a reserved or unreserved category is appropriate and available.
Process strategy: Whether the investor will pursue adjustment of status or consular processing.
Timing: Whether a complete and credible petition can be filed by September 30, 2026.
Phoenix Business Advisory assists international investors and their families with business-migration planning and coordination of U.S. immigration strategies. Prospective EB-5 investors should begin reviewing their investment options, source-of-funds documentation, visa availability, and filing timeline well before the grandfathering cutoff.
Need to know more?
For questions about the EB-5 processes, please contact
This blog was published on 10 August 2026 and reflects information available at that time. Updates may occur as policies evolve. To stay informed on the latest immigration news and analysis, please subscribe to our alerts and follow us on LinkedIn, Twitter, Facebook and Instagram.
Phoenix Business Advisory assists entrepreneurs, executives, investors, and professionals with employment-based immigration and long-term business-migration planning. Applicants should evaluate visa availability as part of a broader strategy that accounts for petition timing, nonimmigrant status, adjustment of status, consular processing, and potential category alternatives.
This article is provided for general informational purposes and does not constitute legal advice. Businesses should consult qualified legal counsel regarding requirements applicable to their particular operations, workforce, and government contracts.
You are running a small or medium-sized business successfully in India which has built your reputation. You have
many people to report to you, your clients trust your brands, and you are doing so good. Now, there is one question
that keeps coming back and takes your curiosity to the next level: should I move to the United States of America to
expand my venture beyond the borders? Well, many people do have the same question in their mind.
There could be hundreds of reasons why so many business owners or professionals choose to move to the U.S. over
many other countries in the global map. However, just one most common reason is L1 Visa a non-immigrant visa that
allows multinational companies to transfer their executives and managers to their U.S. based entity.
A large number of business owners have already taken advantage to make a shift in their operations and if you are
having the same thought, you are good to go with your preference. Here, the blog is just the right place or you can
say a
complete
guide to L1 visa USA
for you to deliver information on how you can simply start your business
journey or professional journey with the L1 visa and then get a green card to ensure lifetime stability.
Why does the L1 visa of the United States Really Matter?
The L-1 visa is considered highly favoured among Indian nationals seeking to run their business or
benefitting their professional skills for a significantly longer time simply by staying there . These are the
individuals who want to become permanent residents of the U.S for a variety of reasons and the L-1 visa is simply
the fastest route to get them permanent residency when compared with other visas available. Even in the comparison
of
, where H-1B provides almost similar benefits, the L-1 visa wins for its unfailing
role in these scenarios:
The visa is specifically designed for managers and executives of multinational companies to be transferred to
the U.S. to work for their subsidiary, parent, affiliate or branch of the company. As a business individual, you
can send these individuals (who have been with your company for at least one year in the past three years) through
an L-1 visa that offers them a swift path to green card.
The visa allows for dual intent. It means that you can enter the U.S. as a non-immigrant with an intention of
obtaining a green card and then becoming a permanent resident. This is what makes the visa the fastest path to a
green card. You can call the best talent of your company to work with you for a longer time (7 years or more)
through the L-1 visa.
The L-1 visa can be filled at any time and it is not subject to a numerical cap/lottery; however, getting
approval remains crucial where you as business owner or your employer have to prepare substantial documents. In
the process, the chase of a request for further evidence (RFE) remains relatively high. With proper support of
your immigration partner for
L1 visa to green
card
intent RFEs can be overcome.
The L-1A visa allows the applicant’s spouse and unmarried children under 21 to accompany to the U.S. as
dependents. It is important for those who want to stay with their family during their immigration process.
Additionally, applicants’ spouses are authorised to work and they no longer require separate work
authorization.
Any individual having approval for an L-1 visa is eligible to apply for a green card from the very first day
through the employment-based first preference (EB-1c) category. Those that qualify L-1 are also eligible to
qualify the EB-1c. It means that the applicant is able to have a green card sooner than individuals who have done
EB-2 and EB-3 filings to be approved.
L-1A Visa vs L-1B Visa
Card Options:
Although both L-1A and L-1B visa holders are eligible to pursue permanent residency, there are some significant
differences available with the Green Card pathways-
Factors
L-1A visa
L-1B visa
Primary role
Executives or managers
Specialised knowledge holders
Maximum stay
7 years
5 years
PERM labor certification
Generally not required
Usually required
Direct EB-1C eligibility
Yes
No
Common green card route
EB-1C
EB-2 or EB-3
Priority date impact
More favorable
May face longer backlogs
Employer sponsorship
Required
Required
Surprising Facts Associated with the L-1 Visa Application Process:
, more than 3800 L-1 visas were issued in Financial Year 2023. India was among the top three
source countries making the visa a life changing opportunity for individuals.
, India has more than 1.1
million registered technology startups and surprisingly outbound FDI from India crossed $30 billion in FY2023. Many
of these
L-1 visa to green card for business owners
are looking for the opportunities to go to the
U.S.- but they are not aware whether their company is eligible or big enough to qualify required
criteria.
Therefore, saying that L-1 visa which relatively gives
US green card process
is certainly the best
choice for Indian nations looking for operational expansions.
Why Do Many Indian Business Owners or Professionals Select The L-1A Green Card Route Over
L-1B?
Well, the battle or the confusion is always for- why L-1A over L-1B visa? Indian professionals seeking for
L1
visa to green card
frequently encounter major priority
date backlogs, especially with the EB-2 and EB-3 categories in which waiting period can be significantly longer
(even for decades). In such cases, the L-1A to EB-1C pathway remains a strategic alternative which excludes PERM
labor certification. This way, eligible applicants can simply remove one of the most time-consuming stages of the
US green card process
. Through a subsidiary, affiliate, or a branch of foreign company, the
transition from L-1A nonimmigrant status to EB-1C immigrant is hassle-free and well-supported progression.
Business Requirements For An L-1 To Green Card For Business Owners:
The business individual has to show a corporate relationship between the U.S. and foreign companies such as
parent or subsidiary, branch office, and affiliation under common control.
The U.S. company must show active engagement in continuous provision of goods and services. It is not sufficient
to maintain an office or register a company in the U.S.
Before filing the immigration petition, the U.S. company must be doing business for at least one year.
The U.S. business should have evidence of genuine commercial operations, staffing structure to support executive
or manager positions.
The U.S. office must show evidence of full-time position in managerial or executive capacity.
Employer Evidence Checklist:
Category of Documentation
Examples
Corporate Structure
Parent company records, ownership documents
Organizational Charts
Management hierarchy
Foreign Employment
Payroll records, employment verification
Financial Records
Annual reports, tax filings
Business Operations
Contracts, invoices, commercial activity
Staffing Evidence
Employee rosters and reporting structures
Executive Duties
Job descriptions and managerial responsibilities
Transfer Documentation
L-1A approval notices and immigration records
Employee Requirements For
L-1 Visa To Green Card For Indian
Professionals:
The employee must show his work for at least one continuous year with the parent company within the required
statutory period.
He must have been working in a manager or executive position in the related foreign company.
He must be able to show managerial or executive roles successfully with the U.S. company.
Significant Role Of Legal Guidance Is Valuable In L1 Visa To Green Card Process:
includes complexities and
multiple stages such as employer-based petitions, close monitoring of priority dates, extensive supporting
documents, and immigration law compliance. Doing this all alone may seem a daunting and also extremely
time-consuming process. Therefore having an immigration expert by your side can offer you great relief through
navigation of procedural requirements and removal of delays during the application process. Selecting an experienced
and reliable immigration partner can simplify your complexity to a great level.
Why Choose Phoenix Business Advisory Over Others?
At Phoenix Business Advisory, we strive hard to help our clients live their dreams throughout the
L-1 visa
to green card
journey. We have highly talented professionals to take care of your needs and take
responsibility to prepare immigration petitions, organize supporting evidence or documents, resolve issues that may
possibly arise during USCIS review, and speed up the process of approval. From initial eligibility assessment to
final status of permanent residency or later, we help you in every way so you can focus on growth rather than
getting stuck in the application process.
If you are ready to take the next step towards your permanent residency, contact us today for free and confidential
consultation. We fight for your rights and help achieve the best possible results for your case. Start your free
consultation right away!
New Zealand Investment Visa: Step-by-Step Guidance
The guide includes:
What Is the New Zealand Investment Visa?
New Zealand Investment Visa Eligibility Requirements
How Much Investment Is Required for New Zealand?
Documents Required for a New Zealand Investment Visa
New Zealand Investment Visa Processing Time
Source of Funds Requirements for NZ Investor Visa
Can Your Family Join You in New Zealand?
New Zealand Investor Visa for Indian Applicants
From Investment Visa to Permanent Residency in New Zealand
Common Mistakes to Avoid When Applying
Why Professional Guidance Can Help
Why Choose Phoenix Business Advisory?
Is New Zealand Investment Migration Right for You?
New Zealand has always been famous for inviting people from different corners of the globe for availing an
unbeatable balance of work and lifestyle. Together this balance makes the country a beautiful place to make an
investment and live a peaceful life. The
new zealand investment
visa
makes it quite simple for individuals to invest, prove their talent, secure
their future while contributing to a thriving economy of the country. Furthermore, the visa is a fresh pathway to
residence for experienced business professionals. It is available with two investment options given below-
NZD $1 million investment:
Under this visa program, an individual is provided a 3-year
work-to-residence pathway.
NZD $2 million investment:
Under this visa program, an individual is offered a fast-tracked
residence pathway after just 12 months.
The validity for both of the visas is 4 years which means the business individual will need to renew their visa
after 4 years. Under both of the visas, there are provisions for applicant’s partners and dependent children. They
can also get residential benefits separately.
New Zealand Investment Visa Eligibility Requirements
There are certain eligibility requires that are required to be strictly follow by the applicants in order to get
prompt and timely approval of visa applications:
Minimum investment
An individual who is willing to apply for the New Zealand investment visa will be required to show evidence of
investment of at least NZD $1 million under the standard pathway or NZD $1 million investment under the fast-tracked
pathway of application.
Also, the person will need to show at least NZD $500,000 in reserve funds so that he can support himself and the
family while running his business.
Business experience:
It is mandatory for the applying individual to show the evidence of active involvement in running the business for
at least 5 years only when he can be eligible to run and grow his business in New Zealand.
Job creation requirement:
Fulfilling a job creation requirement is a must. Under the business, it is required to maintain at least 5
full-time jobs and creation of at least 1 new full-time job for a New Zealand citizen or resident.
Age criteria
The applicant must be below or not more than 55 years while applying for the
New Zealand Business
visa
.
Stay in New Zealand
It is quite mandatory to spend at least 184 days a year in the country right from the very first day of running the
business.
Language requirement
The applicant must be able to speak and understand English very well. Also, he must be qualified with IELTS 5.0 or
equivalent exam to apply for the New Zealand Investment visa.
Character certificate:
A
New Zealand Investment Visa for Indians
requires applicants to show their character certificates
which is an exclusion of any fraudulent or criminal activity in their past. A police certificate from the existing
country of citizenship is submitted during the application.
Fit and proper person
They are also required to submit their health certificate to prove that they do not have any serious illness and
are in good health.
The applicant must not be a part of any offence involving dishonesty, business fraud or financial impropriety.
Partner and dependant children’s requirement
While applying for the partner and children in the application, the applicant must show a valid relationship with
them by submitting marriage certificates and birth certificates of children along with their health, character and
identity requirements.
How Much Investment Is Required for New Zealand?
For the
New Zealand investment visa,
an applicant will need to show evidence of investment of at
least NZD $1 million under the standard pathway of applying for the visa and NZD $2 million investment under the
fast-tracked pathway of application.
Besides, the applicant will need to show at least NZD $500,000 as reserve funds in order to support himself and his
family while running and growing his business.
Documents Required for a New Zealand Investment Visa
Passport or certificate of identity
2 acceptable photos
Police certificates and medical certificates
Evidence of having established business of at least NZD $ 1 million
Evidence of reserve funds of at least NZD $500,000
Evidence of your profile and responsibilities in your business
Complete business proposal demonstrating required criteria
latest chest X-ray report and evidence of a medical examination
New Zealand Investment Visa Processing Time
It is surprising to know that 80% of visa applications are processed within 4-5 months which means that applicants
do not need to wait for an extremely longer time to get an answer from the authorised entity of New Zealand.
However, some cases may require longer time for processing due to additional information and documents. Once
approval in principle is received, an individual has 6 months to transfer and invest required funds in the business
in New Zealand.
Incomplete applications, complex employment situation, character concerns, health issues, and increased application
volume during peak seasons may be a few other reasons for delays in processing of one’s visa application.
Source of Funds Requirements for NZ Investor Visa
In order to qualify for the New Zealand investment visa, the applicant needs to collect clear proof of investment
funds that came through in a legal manner. All the evidence must be correct that can help the authorities to process
the visa application faster.
Nominating funds or assets
It is mandatory to nominate funds or assets and also these funds must be earned or acquired lawfully by the
applicant as principal applicant. All the evidence that proves the nomination must be submitted.
Borrowed funds or assets
For an investment visa, nominated funds or assets must not be borrowed. However, once the visa is approved, the
applicant may be able to use borrowed funds to purchase nominated business under certain conditions. For instance,
an applicant who borrows against the house under the guidance of a registered bank can later use those funds to
purchase the nominated business.
Gifted funds
Including gifted funds for New Zealand’s business visa is strictly rejected. The applicant cannot use the funds
that are already in New Zealand. Also, using the fund is a no if gifted funds were in the country at any point as
part of nominated business funds.
Documents for evidence of assets:
Property
Title deeds
Current valuation report
Mortgage documents
Sales and purchase agreements
ITR or tax declaration
Employment salary confirmation
Investment portfolio
Portfolio valuation
Investment account summary
Evidence of portfolio’s funding
Bank statement to show funds transferred to investment company
Company shares
Financial reports
Shareholder certificates
Shares’ valuation
Source of funds to acquire company shares
Can Your Family Join You in New Zealand?
If you are going to apply for New Zealand’s investment visa and are thinking of bringing your family to support you
in the new city, you can take your spouse and dependent children with you as the visa includes your immediate family
member in the same residence application. Below are small conditions that you may need to fulfil to take your family
along:
You must provide a genuine and stable relationship with your spouse and also you must have lived together for at
least 12 months.
You can include children aged 24 or younger who are subjects to New Zealand’s dependency requirements. However,
you need to show that they are single and dependent on you.
Your included family members can live, work, and study in New Zealand and they can receive residence as a part of
the application. Once you succeed in meeting all investment and other conditions, you can apply for New Zealand
Resident visa while availing various government provided medical facilities, financial aid, educational benefits and
further advantages under your New Zealand investment visa for Indians.
New Zealand Investor Visa for Indian Applicants
Indian applicants seeking a great lifestyle and want to live, work, and invest in the country can simply submit
their applications and wait for approval. The
New Zealand business
visa
is designed to attract experienced entrepreneurs and other investors who want to establish
business in the country. Indian applicants can either go with the standard track of processing that leads to
residence after 3 years or they can select-track method to get residence pathway after 12 months. All terms and
conditions remain the same for Indians just like other foreigners willing to settle in the country and which may
include the age criteria, reserved funds, health and character certificates, language proficiency, financial
evidence, police certificates etc.There are no additional or limited benefits for New Zealand citizenship for
Indians
which demonstrate constraints in the application process.
From Investment Visa to Permanent Residency in New Zealand
The visa provides a long-term opportunity to call New Zealand home. Applicants who successfully meet initial visa
criteria and are able to manage their investment over time become eligible to apply for residence under the New
Zealand Business visa while securing a number of citizenship benefits in the country.
However, the transition is not easy or automatic- a person needs to demonstrate active engagement and sustain
contribution to the New Zealand economy. He is required to manage business and also retain ownership stake
throughout the qualifying period. Not just that, the business should support the economic structure of the country-
specifically by employing at least 5 equivalent staff along with one new job for the New Zealand resident or
citizen.
There are some other criteria that are required to be fulfilled and show inclusion of spending a minimum 184 days
in the county during the first year of application, meeting health and character requirements, and reinforcing the
country’s commitment to integrity and community wellbeing.
The pathway can be considered more than just having the right to remain. It’s evidence that applicants who later
become residents of New Zealand have integrated into the country’s business landscape and shown dramatic growth to
establish deeper roots and secure a better future in the country. This is what
is mainly immigration status which allows a non-citizen to
live and work in New Zealand indefinitely
.
It comes
with almost the same rights as
a New Zealand citizen has, except voting in some cases or holding certain public offices. However, the journey to
Permanent Residency or PR is often misunderstood that can significantly delay or derail the application process.
Here’s a comprehensive guide to common mistakes people make when applying for permanent residency or PR in New
Zealand.
Language Proficiency:
English language proficiency works as a proxy for most of the PR pathways. If you are unable to meet the required
IELTS, PTE or TOEFL academic score requirements, your application cannot be completed regardless of other strong
criteria. A few common mistakes include submitting expired language test results, using unauthenticated tests,
and assuming exemption without sufficient evidence.
Not Understanding Eligibility:
A large number of applications are rejected as the applicants apply without confirming eligibility. The New Zealand
Business PR pathway is different from the other PR pathways and has its own set of stringent criteria.
Misinterpretation can lead to immediate rejections or expensive delays.
Inaccurate Documentation:
Missing, inconsistent or inaccurate documentation is one of the reasons for declining applications. The New Zealand
business PR process has strict documentation standards and even small mistakes can lead to outright refusal.
Out-dated and inconsistent supporting documents, unauthenticated translations, overstating of work experience or
qualification, and improper bank statements, qualifications, and employment contracts are a few
reasons.
Delayed Response To INZ Requests:
Official authorities can ask for additional documentation or clarification at any stage of application. If you do
not respond promptly and properly to those requests, you are likely to experience declines. Late response to
requests, abridged document archive, irregular replies to emails are some reasons for declines and delay. Initiating
the PR process as soon as you meet the criteria ideally with structured migration time can be a good choice.
Submitting Application Without Expert Help:
DIY applications can be cost-effective but bring substantial risks. Immigration policy consists of various
complexities, require frequent updates and is often subject to officer discretion. You can overlook your partner and
dependant requirements. Not just that, you may also consider eligibility assessment, evidence collation, appeal or
policy changes wrong in absence of expert support from an immigration company.
How Professional Guidance Can Help?
Saying that securing a Permanent Residency in New Zealand is a rewarding process would not be wrong. However, the
process requires a lot more careful navigation through several pathways. You can increase your chances of success,
enjoy the numerous benefits and opportunities by wisely preparing your application for New Zealand business PR. For
this, you can contact professional immigration services providers like
Phoenix Business Advisory
to help you open
doors to diverse and promising futures in the country. The professionals of the company help you overcome all the
above-mentioned challenges by providing timely and prompt support for seamless experience.
Why Choose Phoenix Business Advisory?
New Zealand’s visa policy keeps changing with the period of time and the application process includes a certain
level of complexity that can only be handled by professional guidance only. The change is a shift towards fostering
investment in established enterprises rather than passive business activity. The visa is just the right way for
entrepreneurs and business owners to expand their growth aspect.
We include expertise in our service offerings to navigate complexities involved in the immigration
programs. If you are willing to apply for the New Zealand business visa,
contact our specialist
who can
assist you with expert guidance through every stage of application as well as business setup process. Their
assistance ensures compliance and clarity at every step of application.
Is New Zealand Investment Migration Right for You?
It depends entirely on your capital, your preferences over how you want to invest and the way you want to get
involved in the investment. Investment migration in New Zealand is certainly a strong option if you are seeking a
stable lifestyle, good education for children, healthy work-life balance, and sustainable growth for your business.
U.S. Citizenship and Immigration Services (USCIS) issued Policy Memorandum PM-602-0199 on May 21, 2026, emphasizing
that eligibility for adjustment of status does not automatically entitle an applicant to approval.
Adjustment of status allows an eligible foreign national who is physically present in the United States to apply
for lawful permanent residence by filing Form I-485. This process generally permits the applicant to complete the
final stage of the green card process without leaving the United States to obtain an immigrant visa at a U.S.
embassy or consulate.
The new memorandum does not eliminate adjustment of status or change its statutory eligibility requirements. It
does, however, direct officers to examine whether each applicant merits approval as an exercise of discretion,
taking into account the full circumstances of the case.
Eligibility and Discretion Are Separate Questions
An adjustment of status adjudication generally involves two distinct inquiries:
Is the applicant legally eligible to adjust status?
Does the applicant merit a favorable exercise of discretion?
Eligibility may depend on factors such as lawful admission or parole, visa availability, an approved or
concurrently filed immigrant petition, admissibility, maintenance of status, and the applicability of any statutory
exceptions.
Satisfying those requirements does not necessarily require USCIS to approve the application. Section 245(a) of the
Immigration and Nationality Act provides that an eligible applicant’s status “may be adjusted” in the discretion of
the government.
gives this discretionary component greater prominence and characterizes
adjustment as an extraordinary alternative to the regular consular immigrant visa process.
Consular Processing May Receive Greater Attention
The memorandum directs officers to consider the availability of consular processing when deciding whether an
applicant deserves favorable discretion.
Under consular processing, the applicant generally completes immigrant visa processing through the Department of
State and attends an interview at a U.S. embassy or consulate outside the United States. If the immigrant visa is
approved, the applicant becomes a lawful permanent resident upon admission to the United States.
The memorandum does not require every applicant with access to consular processing to leave the United States. Nor
does the existence of a consular-processing option automatically disqualify someone from adjustment of status.
However, applicants may face closer examination concerning:
Why they entered the United States in a temporary status;
What representations they made when applying for a visa or admission;
When and why their plans changed;
Whether they complied with their nonimmigrant classification;
Why they are pursuing adjustment rather than consular processing; and
Whether the overall record supports favorable discretion.
The availability of consular processing is one consideration within a broader individualized assessment.
Factors USCIS May Consider
Officers must evaluate the positive and negative circumstances presented by each case. No single list applies
identically to every applicant, and the weight given to a particular factor will depend on the surrounding facts.
Potentially favorable considerations
Positive factors may include:
Close family relationships in the United States;
Long-term lawful residence;
Consistent compliance with immigration requirements;
Stable employment or business activity;
Payment of required taxes;
Community involvement;
Evidence of good moral character;
Hardship to the applicant or qualifying family members;
Significant professional, economic, or public-interest contributions; and
Other circumstances supporting completion of the process in the United States.
Potentially adverse considerations
Negative factors may include:
Fraud, misrepresentation, or false testimony;
Unauthorized employment;
Failure to maintain status;
Violations of the conditions of admission or parole;
Conduct inconsistent with representations made to a consular or immigration officer;
Criminal conduct or other adverse character evidence;
Repeated immigration violations;
Lack of candor in forms or interviews; and
Other facts suggesting that favorable discretion is not warranted.
Some adverse conduct may also create a separate statutory ground of inadmissibility or ineligibility. Discretion
does not replace those legal analyses.
Effect on L-1 and Other Dual-Intent Applicants
The memorandum recognizes that applying for permanent residence is not inherently inconsistent with maintaining a
dual-intent nonimmigrant classification.
The H-1B and L-1 categories permit a foreign national to hold temporary nonimmigrant status while also pursuing
permanent residence. Their H-4 and L-2 dependents receive related protections under the dual-intent framework.
Accordingly, an L-1A executive or manager does not violate L-1 status merely by pursuing an EB-1C immigrant
petition or filing an eligible adjustment application. Similarly, the existence of an approved or pending immigrant
petition does not, by itself, establish improper intent.
However, dual intent does not guarantee discretionary approval of Form I-485. USCIS may still evaluate the
applicant’s complete immigration history, conduct, representations, and other positive or negative circumstances.
This distinction is particularly important for multinational executives pursuing the common L-1A-to-EB-1C pathway.
The underlying immigrant classification and adjustment application serve different functions and are adjudicated
under different legal standards.
Pending and Future Form I-485 Applications
The memorandum does not cancel pending adjustment applications or prevent USCIS from accepting new filings from
otherwise eligible applicants.
Applicants should not assume, however, that a technically approvable petition will result in automatic approval of
the related Form I-485. Pending and future cases may receive additional discretionary review, particularly where the
record includes:
Status violations;
Unauthorized employment;
Conflicting statements;
Questions regarding intent at admission;
Prior visa refusals;
Criminal or enforcement history; or
Other unfavorable facts.
USCIS may issue a Request for Evidence, schedule an interview, or question the applicant about the decision to
pursue adjustment rather than consular processing.
Denials Based on Discretion
When USCIS denies an adjustment application solely or partly as an unfavorable exercise of discretion, the decision
should identify the positive and negative considerations evaluated and explain why the adverse factors outweigh the
favorable ones.
The existence of this written-analysis requirement does not guarantee that USCIS will issue an RFE or Notice of
Intent to Deny before making its decision. Applicants should therefore present relevant favorable evidence with the
initial filing whenever possible.
A discretionary denial may also affect the applicant’s ability to remain in the United States, particularly if the
applicant no longer holds independent nonimmigrant status. Maintaining valid underlying status, when available and
strategically appropriate, may provide an important safeguard while Form I-485 remains pending.
Adjustment of Status Versus Consular Processing
Applicants should not automatically abandon adjustment of status in response to the memorandum. Both adjustment and
consular processing have important advantages and risks.
Adjustment of status may allow an applicant to:
Remain in the United States during adjudication;
Apply for employment authorization when eligible;
Request advance parole for travel;
Continue residing with family members; and
Avoid the immediate disruption of an overseas immigrant visa interview.
Consular processing may avoid certain adjustment-specific eligibility requirements, but it can involve:
International travel;
Medical examinations abroad;
Consular interview scheduling;
Possible administrative processing;
Delays outside the United States; and
Limited review of a consular refusal.
The appropriate process depends on the applicant’s immigration history, current status, travel needs, family
circumstances, admissibility, visa availability, and tolerance for procedural risk.
Practical Steps for Applicants
Prospective adjustment applicants should consider taking the following steps:
Review the complete immigration history.
Confirm that prior petitions, visa applications,
admission records, and immigration forms are accurate and consistent.
Identify adverse facts before filing.
Status violations, unauthorized employment, arrests,
prior refusals, and inconsistent statements require careful evaluation.
Document favorable equities.
Where discretion may be contested, applicants should provide
credible evidence of family, employment, business, tax, community, and humanitarian considerations.
Preserve underlying status where possible.
Continued L-1, H-1B, or other valid status may
provide protection if the adjustment application is delayed or denied.
Compare both permanent-residence processes.
Adjustment of status and consular processing should
be evaluated individually rather than selected solely for convenience.
Prepare for additional questioning.
Applicants should be ready to explain their original
purpose of entry, subsequent immigration decisions, and reasons for completing the process in the United States.
What the Memorandum Does Not Resolve
Several implementation questions remain. USCIS has not established a categorical rule identifying which applicants
must use consular processing, nor has it specified a fixed combination of favorable factors that will ensure
discretionary approval.
The guidance also does not assign universal weight to individual factors. Officers must continue to evaluate each
application on its own record.
For applicants, the central practical change is therefore not a new filing prohibition, but an increased need to
demonstrate both legal eligibility and why the totality of the circumstances supports approval.
Need to know more?
For questions about the Green Card processes in the US immigration landscape, please contact
This blog was published on 10 August 2026 and reflects information available at that time. Updates may occur as
policies evolve. To stay informed on the latest immigration news and analysis, please subscribe to our alerts and
follow us on LinkedIn, Twitter, Facebook and Instagram.
Phoenix Business Advisory assists entrepreneurs, executives, investors, and professionals with employment-based
immigration and long-term business-migration planning. Applicants should evaluate visa availability as part of a
broader strategy that accounts for petition timing, nonimmigrant status, adjustment of status, consular processing,
and potential category alternatives.
This article is provided for general informational purposes and does not constitute legal advice. Businesses
should consult qualified legal counsel regarding requirements applicable to their particular operations,
workforce, and government contracts.
, showing limited forward movement in several employment-based immigrant visa
categories.
For August, U.S. Citizenship and Immigration Services (USCIS) has directed employment-based adjustment of status
applicants to use the
Final Action Dates
chart. The more favorable Dates for Filing chart may not
be used for employment-based Form I-485 filings during the month. Applicants should review the current
USCIS filing-chart selection
before submitting an adjustment application.
Key Developments for August
The principal employment-based developments include:
The EB-1 China cutoff advances by one month.
The EB-1 India cutoff remains unchanged.
EB-2 India remains unavailable.
Several EB-3 and Other Worker dates advance modestly.
EB-4 and Certain Religious Worker dates move forward by one month.
EB-5 categories remain unchanged.
India EB-5 Unreserved remains unavailable.
All three EB-5 set-aside categories remain current for every chargeability area.
August 2026 Employment-Based Final Action Dates
Category
All Other Countries
China
India
Mexico
Philippines
EB-1
Current
July 1, 2023
October 15, 2022
Current
Current
EB-2
Current
September 1, 2021
Unavailable
Current
Current
EB-3
September 1, 2024
January 1, 2022
January 1, 2014
September 1, 2024
August 1, 2023
Other Workers
April 1, 2022
May 1, 2019
January 1, 2014
April 1, 2022
December 1, 2021
EB-4
October 15, 2022
October 15, 2022
October 15, 2022
October 15, 2022
October 15, 2022
Certain Religious Workers
October 15, 2022
October 15, 2022
October 15, 2022
October 15, 2022
October 15, 2022
EB-5 Unreserved
Current
December 1, 2016
Unavailable
Current
Current
EB-5 Rural Set-Aside
Current
Current
Current
Current
Current
EB-5 High-Unemployment Set-Aside
Current
Current
Current
Current
Current
EB-5 Infrastructure Set-Aside
Current
Current
Current
Current
Current
A priority date must generally be
earlier than
the listed cutoff date for a visa number to be
available. “Current” means that visas are available to all otherwise qualified applicants in that category.
“Unavailable” means that no visa numbers may be issued in the category during the applicable month.
Movement from July to August
The August bulletin provides modest advancement in several categories:
EB-1 Priority Workers
The EB-1 final action date for China advances from June 1, 2023, to July 1, 2023.
India remains at October 15, 2022. All other chargeability areas remain current.
The Department of State also warns that continued demand in EB-1 India may require the category to become
unavailable before the fiscal year ends. Applicants with current priority dates should therefore proceed promptly
when otherwise eligible, while understanding that visa availability may change during the month.
EB-2 Advanced Degree Professionals and Persons of Exceptional Ability
EB-2 remains current for most countries and stays at September 1, 2021, for China.
The category remains unavailable for India because the fiscal year 2026 allocation for India EB-2 has been reached.
No final action may be taken on an India-chargeable EB-2 adjustment application or immigrant visa case while the
category remains unavailable.
The July bulletin indicated that India EB-2 would remain unavailable through the end of fiscal year 2026 on
September 30. The Department of State expects some availability to return when the new fiscal year begins in
October, but the eventual cutoff date will depend on fiscal year 2027 visa limits and demand. Applicants should not
assume that a particular October cutoff date is guaranteed.
EB-3 Skilled Workers and Professionals
The EB-3 final action date advances:
From August 1, 2024, to September 1, 2024, for most countries;
From December 22, 2021, to January 1, 2022, for China; and
From August 1, 2024, to September 1, 2024, for Mexico.
India remains at January 1, 2014, and the Philippines remains at August 1, 2023.
Other Workers
The Other Workers cutoff advances by one month for most countries, China, and Mexico.
The dates for India and the Philippines do not change.
EB-4 and Certain Religious Workers
The final action date for EB-4 applicants advances from September 15, 2022, to October 15, 2022, across all
chargeability areas.
The Certain Religious Workers category reflects the same one-month advancement.
EB-5 Immigrant Investors
No EB-5 dates change in August.
The Unreserved category remains current for most countries, at December 1, 2016, for China, and unavailable for
India.
The Rural, High-Unemployment, and Infrastructure set-aside categories remain current for applicants from all
countries, including China and India.
What Using the Final Action Dates Chart Means
The Visa Bulletin contains two employment-based charts:
Final Action Dates
determine when USCIS or a U.S. consulate may approve an applicant for
permanent residence.
Dates for Filing
identify when certain applicants may begin submitting final-stage
documentation, but adjustment applicants may use this chart only when USCIS expressly authorizes it for the month.
Because USCIS is using the Final Action Dates chart for employment-based filings in August, a foreign national may
file Form I-485 only if the priority date is earlier than the applicable Final Action Date.
This restriction is particularly significant for India-born applicants. Although the August Dates for Filing chart
lists January 15, 2015, for India EB-2, that date cannot be used to file an employment-based adjustment application
with USCIS during August.
Applicants with previously filed adjustment applications may continue to have those cases processed, but USCIS
cannot approve the application unless a visa number is available when the case is adjudicated.
Priority Dates and Country of Chargeability
Visa Bulletin eligibility generally depends on two factors:
The applicant’s employment-based preference category; and
The applicant’s country of chargeability, which is ordinarily the country of birth rather than citizenship or
current residence.
In certain cases, an applicant may qualify to use a spouse’s country of birth through cross-chargeability. This can
materially affect visa availability and should be evaluated when spouses were born in different countries.
Planning Considerations
Applicants and employers should:
Confirm the correct preference category and country of chargeability;
Compare the priority date with the applicable Final Action Date;
Verify USCIS’s monthly filing-chart selection immediately before filing;
Prepare adjustment or consular-processing documents before the priority date becomes current;
Monitor possible retrogression or unavailability near the fiscal year’s end;
Evaluate cross-chargeability where available; and
Maintain valid nonimmigrant status when required while awaiting eligibility to file or approval.
Visa Bulletin movement is not always permanent. The Department of State may advance, hold, retrogress, or make a
category unavailable based on demand and annual numerical limits.
Need to know more?
For questions about the August visa bulletin, please contact
This blog was published on 10 August 2026 and reflects information available at that time. Updates may occur as
policies evolve. To stay informed on the latest immigration news and analysis, please subscribe to our alerts and
follow us on LinkedIn, Twitter, Facebook and Instagram.
Phoenix Business Advisory assists entrepreneurs, executives, investors, and professionals with employment-based
immigration and long-term business-migration planning. Applicants should evaluate visa availability as part of a
broader strategy that accounts for petition timing, nonimmigrant status, adjustment of status, consular processing,
and potential category alternatives.
This article is provided for general informational purposes and does not constitute legal advice. Businesses
should consult qualified legal counsel regarding requirements applicable to their particular operations,
workforce, and government contracts.
A green card in the United States of America is officially recognized as a Permanent Resident Card or
identification card issued by the U.S. government, which allows an individual to live and work permanently in the
United States. Over the decades, the green card of the USA has been the most popular identification document among
immigrants from across the globe. A person with a green card in the USA has freedom to live in any part of the U.S.
while starting their own business or working in the U.S. Any person having a green card has no restrictions of
staying in the same company that helped them apply for the green card.
The card was named “Green Card” as they were green in colour from 1950 to 1964. In 2010, they became green again
and during the intervening decades, they were of different coloured such as blue, pink, and yellow “Green
Card”.
A green card holder is allowed to avail a variety of benefits that provide them security, stability, and seamless
opportunities for their personal and professional growth. Below are some of the most prevalent benefits that come
with holding a green card and lets you live like a responsible citizen of the country.
Key Benefits of Green Card
Permanent residency
It emerges as one of the best green card benefits. A person obtaining a
green card in the USA
holds the right to live in the United States as long as he renews his green card. The renewal of the green
card proceeds after every 10 years.
Freedom to work
Non-immigrants visa holders are often restricted to specific employers that allow them to relocate in the USA. They
have certain job roles and restrictions, while green card holders have freedom to work anywhere and in any industry
of the United States.
Sponsoring family members
With a green card, an individual can file a
petition
for their immediate family
members like spouse and unmarried children to have legal permanent resident status in the U.S..
Pathway to citizenship
U.S. citizenship comes with additional rights to cast vote in federal elections and various other such authorities.
However, it comes with a condition of maintaining resident status for at least 5 years and 3 years when married to a
U.S. citizen.
Government benefits and loan
An individual having permanent residency can avail many types of financial aid which may include business grants,
home loans or any financial assistance programs.
Protection from deportation
The person complying with the U.S. laws and residency requirements can avail limited protection from deportation
unlike visa holders who have higher chances to lose their status because of job termination or visa expiration.
Social security and medical benefits
If a person has worked in the United States for 10 years, he may be eligible to secure various social security and
medicare benefits after reaching retirement age.
Legal protection
After obtaining a green card in the USA, an individual is eligible to have the same legal rights or authorizations
as U.S. citizens. They are protected under federal and state laws that assure access to no partiality in employment,
education, medical benefits, financial aid etc.
Types of Green Card USA:
There is no denying the statement that obtaining a Green Card of the USA is a major milestone on the path of living
and working in one of the most financially robust and popular countries in the world’s map. The U.S government has
categorised the green card into different types and categories and each of them is tailored to different situations.
Given below is a brief explanation of those common types that will help you to apply for the most suitable green
card for suiting to your purpose-
Family based green card
Family based immigration has come up as one of the most common ways to get lawful permanent residency in the United
States. A significant number of people apply for this card while sponsoring their family members such as the spouse
of the
U.S.
citizen (IR1/CR1)
). All of
these types fall into different preference categories and may have different annual limits.
The family based immigration process includes intrinsic complexities which require expert guidance from expert
immigration consultants that can assure the applicant about thorough documentation and smoother immigration process
in a timely manner.
Employment-based Green Card
Employment-based green cards are generally the permanent residence cards that permit U.S. foreign citizens to live
and work in the United States for a lifetime. Given below are certain employment-based green card categories with
eligibility requirements of an individual-
Category
Requirements
Priority workers (EB-1)
People holding different roles in the arts, sciences, education,
business, and athletics, professors and researchers, managers and
executives of multinational companies
Physicians (EB-2 with a special waiver)
Physicians who agree to work in underserved areas for a specific
period and meet other eligibility criteria
Professionals having advanced qualification and exceptional abilities (EB-2)
People with a master’s degree positions requiring bachelor’s degree
along five years of relevant experience
Skilled, unskilled, and professional workers (EB-3)
People with a master’s degree positions requiring bachelor’s degree
along five years of relevant experience
Special workers (EB-4)
Media professionals, ministers, religious workers, certain employees,
retirees, and their family members
Investor immigrant (EB-5)
Non-U.S. nationals who have invested at least $1 million in a new U.S.
business that will create full-time positions for at least 10 workers
The U.S. government grants employment-based green cards based on the above-mentioned specialized skills or talent.
Under this category, the spouses and children of the workers can be eligible for green card.
Diversity Visa Lottery green card
Under this category of diversity visa lottery or DV Lottery, the U.S. government provides visas to immigrants from
different nooks and crannies of the world and that too at low rates of immigration to the United States. It is a
special program named Diversity Visa Lottery Program which is administered by the Department of State or DOS. Under
this program, the U.S. government selects up to 50,000 people from applications it receives from six geographic
locations that include Africa, Oceania, and Asia. Only people from these countries who earlier had opportunities of
little immigration to the United States can be a part of this lottery system. People having different
migration status or applicants living in their home counties cast their entries under this category of green
card.
Special category or other green cards
The major difference between these two is that special categories of green cards are for individuals who are
granted permission by the government to enter the United States based on a specific type of eligibility category.
However, the other green card category refers to those who have obtained their green card through other means.
Who Is Eligible For A Green Card?
In order to apply for a green card, one must be eligible for one of the given categories listed below. After
finding out the most suitable category, they can proceed with the application step-by-step.
Family-based:
Spouses, children, parents, or siblings of U.S. citizens and permanent residents can
apply under the family based green card of the United States.
Employment-based:
Priority workers who belong to EB-1 category, advanced degree professionals who
belong to EB-2 category, and skilled or other workers who belong to EB-3 category can apply for a green card.
Diversity lottery:
It includes random selection of people from various countries. Countries with
low U.S. immigration rates are likely to be selected easily.
Special category:
religious workers, retirees, broadcasters, special immigrant juveniles, and
afghan and iraqi nationals are eligible to apply for a green card under this category.
Documents Required for a Green Card USA
To apply for a Green Card USA, an individual may require below-mentioned common documents. The need for additional
paperwork and other documents entirely depends on the category of the green card selected by the applicant.
Valid passport
Birth certificate
Marriage certificate (if applicable)
Proof of sponsor’s U.S. citizenship or Green Card status
Proof of employment (job-based applications)
Investment proof (EB-5 applicants)
Medical examination report (Form I-693)
Affidavit of Support (Form I-864) for family-sponsored applications
Police clearance certificate (if required)
Step-by-Step Green Card Application Process
Step 1:
Identifying the most suitable green card category based on the requirements such as employment, family ties,
investment, or other qualifying factors comes on the top of the process.
Step 2:
The applicant or their sponsor needs to file an immigration petition with the USIC which may belong to different
categories of forms such as Form I-130 (family based green cards), Form I-140 (employment based green cards), and
Form I-526 (investment based green cards of EB-5).
Step 3:
Green cards are subject to annual limits which means that the applicant may need to wait for visa availability.
People from different countries need to face different wait times depending upon the demand and India remains on the
top requiring larger applications to be approved.
Step-4:
It is filing form I-485 or consular processing. Once the applicant finds availability of a visa, he may proceed
with adjustment of status under Form L-485 if already in the U.S. and consular processing if outside the U.S.
attending the interview at U.S. embassy.
Step 5:
It is a biometric interview in which an applicant has to provide fingerprints, photographs, and signature along
with a possibility of scheduled interview by the USIC.
Step 6:
It is the last step. After the approval of the above-mentioned steps, the applicant receives a U.S. green card
having rights to live and work like a permanent resident of the United States.
How Long Does It Take To Get A Green Card?
The U.S. Green card processing time or wait time can significantly vary depending upon the category.
Family-sponsored:
1–20 years depending on preference category and relationship with the U.S.
citizen. Spouses, parents, and minor children of the U.S. citizen belong to this category which does not have any
yearly quota limit.
Employment-based:
For the EB-1 category, the wait time remains 1–3 years. For the EB-2/EB-3
category, the wait time may last up to several years due to a backlog for people from several counties. For the EB-5
Investor category, the wait time typically remains 2–3 years depending upon the country.
Right and Responsibilities of Green Card Holders
An individual having a green card is entitled to receive all the rights of U.S. citizens except the right to vote.
Once becoming a permanent resident, they are eligible to protect their family, to cross the border without needing a
visa, to take credits, to avail discounts, to start business, to apply for a scholarship for education and much
more. However, obtaining the green card does not simply mean that the green card holder is eligible to avail the
benefits associated with the card. It also comes with certain responsibilities along with the provided rights.
Therefore, it is important to understand those obligations in order to become a responsible permanent resident of
the country. Below is a quick overview of the rights and responsibilities a green card holder has:
The Rights That A Green Holder Poses:
The green card entitles the holder to legal residence in the United States for 10 years. Once the period is
over, the
green card
eligibility
can be extended
The
green card USA
allows its beneficiary to leave the USA and come back to the country within
a year. In case of leaving the USA for more than a year, the card holder must obtain a special return before
travelling by filling up an application form L-131 with a fee of approximately $70.
With the card, the individual can call their relatives to visit them but they cannot claim to receive their own
green card to immigrate to the USA.
The person obtaining the green card works in any field other than in politics without requiring additional
documentation for employment purposes.
After completing 10 years, a green card holder can seek social and financial assistance in case of certain
disability, pension, and unemployment.
It becomes much easier for the green card holder to get credit processing and reduced bank interest in
comparison with foreign citizens.
There is a benefit of free education at state and municipal schools for all the green card holders. Also, the
educational fee in the state universities for the green card holders is significantly lower than for international
students.
Becoming a citizen is one of the greatest benefits. If a person has completed 5 years as a permanent resident in
the country, he is eligible to apply for citizenship in the country.
The Responsibilities A Green Card Holder Needs To Fulfill
All US residents are entitled to pay taxes and so a green card holder needs to complete their personal tax
return annually right from the day of receiving the green card. Being sincere at paying tax is a must to-do thing,
in case of avoidance of any financial report, the government has to keep your status as an American resident at
risk.
Green card holders, like other US residents, are obligated to obey the laws of the country, their state of
residence and their local jurisdictions.
It is extremely important for the green card holders to carry their green card USA with them at all times. Not
having the card can lead them to up to 30 days in jail.
The green card holders have certain restricted rights as they may not be able to engage in any attempts to
change the form of government through any kind of legal means.
Green Card Renewal and Replacement
When to renew your green card?
You may be required to renew your existing green card for several reasons including expiration, loss/ theft/
damage, and name change or other correction related to the card.
When to replace your green card?
As a lawful permanent resident, one can renew or replace their green card. However, in the case of a conditional
permanent resident, one can only replace the card.
How to renew your green card?
Both processes- renewing or replacing the green card can be done online or by mail by filing up the form of Form
I-90 (for lawful permanent resident) and Form I-751 or Form I-829 (for conditional permanent resident). To complete
the process, one needs to pay the filing fee for a Green card renewal or replacement. The cost may vary based on the
reason for requiring a new card.
, they may ensure
flawless filing and prompt response from the government to resume their permanent residency with no hassle.
Common Reasons of Refusal of Green Card Applications and Ways to Avoid Them:
Before availing the benefits of permanent residency,
green card requirements
associated with the
application comes with a complex process. This complexity often leads to increased risk of green card refusal. A
denial can potentially and emotionally cause slowdown or extended application processing time of the
green card
process
. However, by following legal, step-by-step and appropriate approach and understanding of
common reasons for denials can certainly form a practical way to avoid them significantly. Good understanding of
these reasons can increase the chances of success in the green
card process.
Mentioned below are
some of the common pitfalls that many applicants go through and they must be avoided strictly for success
application process-
Green card eligibility
A green card application must fulfill certain eligibility criteria which is usually based on the situations of an
applicant. It is important to determine the eligibility category under which the applicant should file immigration
petition such as family-based, employment-based, diversity visa lottery, or refugee green card. Selecting the wrong
category can lead to failure. Lack of proof, insufficient employment-based requirements, and failure in required
consular processing may come up with application rejection. In case of any uncertainty, it is always a wise choice
to consult an expert like Phoenix Business Advisory who can help avoid such reasons of denial.
Incomplete application form
Failing to know the right category can make the filing incorrect application and lead to immediate rejection,
delays, or Request for Evidence (REF). Missing forms, lack of supporting documents, improper or incomplete answers,
incorrect personal information, and document submission without an English translation are few factors that need to
be considered through professional assistance.
Insufficient supporting documents
The USIC requires evidence or supporting documentation to verify eligibility for permanent residence. While
reviewing the process, if any document including relationship proof, financial supporting form, or evidence of
qualification is found incomplete, the application may get rejected. Submission of organized documents while
following the USIC check can help avoid rejection.
Criminal history or security issues
Any individual holding criminal history or security related concerns can raise a red flag to rejection of the green
card process. Crimes involving mortal turpitude or aggravate felonies lead to denial which may also include
conviction for fraud, money laundering, drug trafficking, sex crimes, terrorism, and affiliation with criminal
organizations. These are the grounds for denial of the application process of the green card.
Health related concerns
Any diseases or conditions that could be a risk for public health and cause safety risk may be considered as a
reason for application rejections. An applicant needs to pass a medical exam under supervision of a
government-approved civil surgeon. The most common health related grounds could include communicable disease,
missing vaccination, drug addiction, mental condition, and serious physical illness can be a public
risk.
Immigration violations:
The officials of the USIC carefully review the past immigration records and if any violation is observed, they can
immediately remove the proceedings. In general, the prior immigration violation that could lead to inadmissibility
may include criminal convictions, visa overstays, deportations, unlawful presence. With the help of legal guidance,
such inadmissibility issues can be addressed and requests for waiver, if eligible, can be raised.
Public charge ground:
The USIC can completely refuse the application of an individual becoming financially dependent on the government.
The government thoroughly assesses income, assets, education, family status, health and various other factors
determined to prove self-sufficiency of an applicant. For instance- if an individual is applying
L-1 visa to green card
(whether it is
L1A visa to green card
pathway or
L1B visa to green card
pathway)
,
he may need to present all the evidence to prove self-sufficiency to support the
economic structure of the USA while availing government-offered benefits for citizens.
How can Phoenix Business Advisory help you?
Well, doing it all alone is not possible. Also, allowing small mistakes to miss your deadline or cost your green
card is not at all fair. Seeking professional guidance is always the best choice to get your application easy, quick
and hassle-free. Phoenix Business Advisory is backed with expert knowledge of Mr.
MP Singgh – Global Business Strategist
and
therefore professionals of the expert consultant company help you complete your application flawlessly and also in a
timely manner. The company has gained many years of experience in providing ethical immigration assistance to a
significantly larger number of Indian nationals.
If you are among the one being inadmissible, our professional can assist with filing a waiver under immigration
law. We help our applicants navigate the process effectively by ensuring accurate documentation, addressing security
related concerns, and meeting all eligibility requirements that can dramatically increase your chances of obtaining
a green card. If you are ready to begin with the process, now is the right time to contact our professionals. Call
us or email us to receive prompt assistance.
Australia is one of the least densely populated countries in the world having a population density of just 3 people per square kilometer according to World Population Review.
More and more people are migrating to Australia to experience diverse and highly-developed environment. Australia becomes a favorite destination for migrants from all around the world including India, China, Philippines, England, New Zealand, Vietnam, and so on.
You would be surprised to know that in 2017-18, India was the largest source of new permanent migrants to Australia.
Indians become the fastest-growing community in Australia, making it 2.8% of the total Australian population.
Why Indians Choose Australia? Why Australia Is Preferred Destination For Indians?
Majority of the Indians in Australia chosen to live in Victoria and New South Wales according to 2016 Census data. These two Australian states recorded highest Indians than any other state in Australia.
According to Wikipedia, one study has found that Indigenous Australians may have mixed with India-origin people about 4,200 years ago.
From Indian students to businessmen to professionals, Indian migration to Australia is higher than Indian migration to the other countries of the world including USA, UK, etc.
These are some of the reasons why Indian migrants choose Australia:
Students prefer Australia to pursue higher studies and to experience the diverse culture
A supportive culture and environment for doing business with the support from the government
Australia is famous for its diversity and multi-cultural heritage
Thanks to a huge number of Indians arriving in Australia, you can find almost all types of Indian food
Indians of Australia maintain religious and cultural sparks through festival celebration and a range of events
English is the most common language spoken by Indians in Australia followed by Hindi
Australian climate, culture, and standard of living are suitable to Indians who have picked Australia for study, employment, or business
Out of every three students in Australian Universities, one is international student particularly from India
It is the most favorable country for Indian student for higher studies and better career options
The India-born population in Australia is significantly contributing to Australia’s economy and considered as the highest educated migrant group. Also, the rise of digital transformation opened numerous opportunities for IT professionals in
Australia.
The stable and growing economy of Australia encourages many people to undertake many endeavors and Indians are not left behind. Businessmen from all over the world choose Australia to establish business and leverage consistent benefits the economy has to offer.
In 2018, the Australian Bureau of Statistics revealed that there were 592,000 Indian-origin people in Australia. This figure will continue to grow in upcoming time following a balanced economy and diverse culture that are suitable to every Indian class.
Whether you are a student, employee, or a businessman, Australia is a desirable choice to migrate there and live a balanced, growing and healthy life.
We are explorers, aren’t we?
Are you thinking to migrate to Australia? What are the perks that attract you to select Australia as your destination?
For business owners and entrepreneurs, the L1A Visa offers an exceptional opportunity to establish operations in the U.S. while fast-tracking your path to permanent residency. With the L1A Visa, you can obtain a Green Card within six months, opening doors to one of the world’s largest and most dynamic markets.
Why the L1A Visa is Ideal for Entrepreneurs
The L1A Visa allows business owners to transfer their executive role to the U.S., making it easier to expand into the American market. Whether you’re in technology, healthcare, finance, or manufacturing, the U.S. offers unparalleled opportunities for growth. Industries like technology, healthcare, and finance continue to thrive, attracting entrepreneurs from around the world.
Key Advantages of the L1A Visa for Entrepreneurs:
Ownership Expansion: You can establish or expand your business in the U.S. while leading operations as an executive.
Quick Green Card Pathway: Transition to permanent residency in just six months, allowing you to focus on growing your business.
Family Benefits: Your family can join you in the U.S. and gain work and study opportunities.
Top U.S. Business Industries for Entrepreneurs
Entrepreneurs entering the U.S. market can explore a range of flourishing industries, such as:
Technology: The U.S. tech industry is a global leader, offering vast opportunities for innovation and growth.
Healthcare: A continuously expanding sector driven by advancements and a growing demand for healthcare services.
Finance: With its robust economy, the U.S. remains a hub for financial services and investment opportunities.
These industries, among others, present immense potential for entrepreneurs to thrive and contribute to the U.S. economy.
How Phoenix Business Advisory Can Help
At Phoenix Business Advisory, we specialize in guiding entrepreneurs through the L1A Visa process. Our team in India assists business owners in every step, from determining eligibility to filing for a Green Card. With our expertise, we simplify the complexities of U.S. immigration, ensuring a seamless and efficient experience.
By choosing Phoenix, you gain a partner committed to your success. We provide personalized guidance tailored to your business needs, ensuring that your transition to the U.S. is smooth and successful.
Start Your Business Journey in the U.S.
If you’re a business owner ready to take the leap into the U.S. market, the L1A Visa is your gateway to success. Phoenix Business Advisory is here to help you achieve your dreams with our expert visa and Green Card services. Learn more by visiting our L1 Visa page, or contact us to begin your journey today.
The L-1 visa has turned up as an essential pathway for Indian individuals to work and live in the United State of
America which has been a figure of strong economy, high education standards, cultural diversity, excellent career
opportunities, high-grade lifestyle, world-class healthcare facilities, and much more. If you have made up your mind
to live in the country, an L-1 visa can transform this vision into reality in a quite simple manner.
Here, the guide covers essential information about the
L1 Visa for USA
to help you streamline
the process of entering the United States. Take a deeper look and get your questions answered appropriately-
) framework to support global operations of multinational corporations. It is
well-known as a non-immigrant visa issued to business owners, promoters, and people working on higher
profiles.
Multinational companies use the
L-1 visa USA
type to intra-company transfer of their executives,
managers, and individuals having specialized knowledge to their related U.S. offices. The visa can be used by
companies for their temporary assignments or for their business expansion.
Basically the
L-1 visa for the USA
is for those who intend to live and work in the United States
of America temporarily. It has given many business owners a pathway to transfer talent within the same company and
expand their existing business operations beyond borders without relying on external labour markets.
2. Types of L1 Visas: L1A & L1B
Feature
L1A Visa
L1B Visa
Job Role
Executive or Managerial only
Specialised Knowledge Employees
Period of stay
7 years
5 years
Green card path
Via EB1C (no PERM required)
Requires PERM (EB2 or EB3)
Education
Not mandatory
Not mandatory
Dual Intent
Allowed
Allowed
Spouse work authorisation (L2)
Allowed
Allowed
However, to qualify either of the visas (L1A or L1B), the employee must have worked for the qualifying organization
in the similar role for at least one year; only then the person is eligible to be sent to the United States.
An individual willing to establish a new office U.S. will be provided a maximum initial stay of one year only. The
initial period of stay for both of the L1A and L1B visas is up to three years only. Beyond this period of 3-years,
one can apply to extend the stay of up to 2 years until the employees reach the maximum limit of 7 years for L1 A
visa and 5 years for L1B visa.
The L-1 visa is the most preferred visa choice. In 2024, 71,799 L-visas were issued, which is 7.6% from the 66, 700
visas issued in 2013. However, there was a fall during the pandemic, but by 2023, it started returning to its
previous level.
3. Benefits of the L1 Visa for Indian Entrepreneurs
L-1 visa for Indians is a tailor-made for intracompany transferees that allow executives and managers to
temporarily relocate in the U.S. fostering collaboration and expertise exchange across borders. The visa
offers distinct advantages to Indian individuals seeking employment or business expansion in the USA. Given below is
a set of advantages of the L-1 visa for Indian nationals-
Blanket Petition
One of the greatest benefits that appeal employees towards L-1 visa is that it facilitates the blanket visa option
for companies that accomplish the criteria of having combined U.S. revenue of minimum $25 million. Companies working
with at least 1000 employees in the United States are also eligible to leverage the blanket option.
Under the L-1 blanket petition, employers are eligible to file a single petition for its multiple employees. So,
there is no need to pay for a petition for every single employee in the company. Also, the blanket option saves
significant time for employers. Here, the role of L-1 blanket petition becomes more valuable for large companies
planning to transfer a large number of employees abroad in a small period.
Establishing New Office in The U.S.
Opening a new office beyond borders i.e. in the United States becomes equally important L-1 visa benefit. If you
are operating a company in any part of India, you are eligible to open a new office and establish a U.S. subsidiary,
branch, affiliate, or parent company and send employees abroad for managing U.S. operations. This benefit is special
for founders seeking to penetrate the American market.
From L-1 Visa to Green Card Processing
The
L-1 visa USA for Indians
turns out to be a potential pathway to green card allowing Indian
professionals to live and work having permanent residency in the country. L-1 visa holders can later pursue
permanent residence through the ES-1C multinational manager/executive category. These profiles can be smoother
alternatives than some employment-based immigration options.
benefit or working under executives and managers can live in the country for up
to 7 years that also can be extended under certain rules. This gives business founders time to build and expand
their U.S. operations while serving long-term growth of the business. In this manner, individuals can pursue
temporary employment and permanent residency simultaneously.
Accompanying Dependents and Spousal Employment
If one wants to accompany their family, they can also live in the United States on L-2 status. However, only
spouses and unmarried children under 21 can take advantage of the L-2 status. Under this status, spouses are
authorised to work in the United States to support their partner financially.
No Numerical Caps Required
Unlike the H-1B visa, the
L-1 visa for USA
is not limited to annual caps or lotteries which means
it provides greater confidence and flexibility for Indian nationals.
4. Eligibility and Requirements for L1 Visa?
For US L1 visa requirements, Indian nationals have to fulfil certain criteria. They must be an affiliate,
subsidiary, or branch of current employer for at least one continuous year within the 3 preceding years. Also, they
must actively conduct business. For entrepreneurs, they must make sure that they have secured sufficient space for
the new office.
5. How to Open a Business in the USA from India with Phoenix Business Advisory?
We understand that immigration is a significant part of a country’s social and economic growth. However, business
visas involve intrinsic complexities and a lot of paperwork. We are proud to be known as India’s highly recommended
business visa consultant helping our clients with the best immigration services that are accurate and designed
according to the needs of their business. We oversee all essential regulations, government policies, and application
processes. After reviewing all these crucial aspects, we strategize the best immigration plan for an individual’s
business. We maintain long-term relationships with our clients to give them advice and recommendation to run their
business hassle-free. Contact our professionals to know how we can help you make the big jump.
6. Documents Required for L1 Visa Application
A successful application is a demonstration of the applicant’s eligibility. Whether applying for executive or
managerial capacity or for specialized knowledge, the individual requires to submit extensive supporting documents
that include the following-
I. Principal Applicant’s Documents
The principal applicant must have his passport which should be valid for at least six months after his intended
stay in the United States. It remains crucial to ensure compliance which comes under border protection protocols.
Having a valid passport is a necessity for the visa interview and subsequent travel.
The person must also have a recent passport size photo which matches the dimension and quality recommended by
the U.S. government.
The applicant must have a visa interview appointment at the designated U.S. embassy. The visa interview
appointment letter is a part of the extensive supporting documents.
Having DS-160 form confirmation is crucial. The principal applicant must complete the Online Non-immigrant Visa
Application and secure the barcode confirmation page that needs to be submitted later during the interview
procedure,
II. Dependent Applicant’s Documents
If the principal applicant has decided to take his wife, or children, he must ensure to submit the following
documents-
Spouses can apply under L-2 status of the visa. They need to submit their original marriage certificate to show
a valid relationship with the L-1 visa holder.
Dependent children are required to submit their original birth certificates in order to prove their relationship
with the L-1 holder.
Spouses and children have to submit their updated and valid passport to participate in the application process
and subsequent travel.
III. U.S. Company Documentation
The U.S. employer must file petition Form l-129 which demonstrates detailed information of all important
entities such as employer, the employee, and the branch. The step is required to initiate L1 application
processing and need to be submitted with other supporting documents.
The proof of business operations such as lease agreements, business promotional materials, utility bills, and
business permits need to be shown to establish the U.S. office’s legitimacy. In case of a new office, physical
premises and operational viability are demonstrated as additional evidence.
Employers must show a comprehensive description of its employees’ roles as how they are aligned with the
company’s objectives. The detailed job description includes responsibilities, relationship with the company, and
their impactful role on the U.S. operations.
Doing this on your own can be a daunting task. To simplify, one can seek expert assistance from business
immigration companies like Phoenix Business Advisory to get a free checklist of all required documents. These
organizations complete an individual’s eligibility. The professionals in the companies will advise to carry all
necessary and supporting documents to avoid any delays or errors.
7. Step-by-Step L1 Visa Process and Timeline with Phoenix Business Advisory
The L-1 Visa application process requires several steps to be completed by both the U.S. employer and the foreign
worker. At Phoenix Business Advisory, we have specialised individuals who complete the application process on your
behalf and take the burden off your shoulders. This way, you can focus on strategizing the growth of your business
rather than getting stuck in the process. As your expert assistant, we are entitled to accomplish the following
duties:
I. Checking Eligibility
We ensure that our clients meet all eligibility of the
L-1 visa for USA
. It typically includes
showing employment by a multinational company with the qualifying relationship to the U.S. office. We ensure that
you qualify for the role and USIC validates your eligibility.
II. Preparing Documents
Preparing documents by oneself is not easy. We coordinate with our clients and collect all necessary documents. We
ensure that
Form DS-160
and
Form l-129
are filled accurately leaving no space for
denial. We attach all documents employee role, corporate relationship, passport, verification letter and other
supporting documents to support your case.
III. Filing Petition
The Petition work is done by filing the Form l-129 petition. Our professionals coordinate with USCIS and monitor
its settlement promptly.
IV. Scheduling Interview
We contact the embassy in scheduling the interview and assist you with all necessary information to help attend the
visa interview confidently at the U.S. consulate in India.
V. Paying Application Fee
We take responsibility to complete the application form on your behalf and pay the required fees for the visa
application.
VI. Visa Stamping
We ensure the reviewing of documents and application is done properly. We prepare you with the questions, company’s
operations, transfer’s purpose and other such questions. This way, we secure visa stamping and authorize travel to
the U.S. ensuring a smoother process.
8. L1 Visa Costs, Fees, and Processing Time
The L-1 visa process is simpler than some of other visa classes and stands as a preferred choice by Indian
nationals aspiring to secure green card and permanent residency in the United States of America.
The L1 visa fees and processing time may vary depending upon which type or category is selected. The entire visa
process may take approximately 6 months depending upon the consulate or embassy one visits for the interview and
visa process. For faster processing, individuals can go with premium processes which ensure faster decisions in just
15 calendar days with an additional charge of approx. $2,900.
The cost of L-1 visa application include split-up of $460 for
Form l-12
, $500 for fraud prevention
fee, $205 consular visa fee and an optional premium processing fee of $2900.
9. Common Reasons for L1 Visa Rejection and How to Avoid Them
I. Inadequate Documents
The most common reason for visa rejection is being unable to provide sufficient supporting documents that may
include the evidence of continuous employment, financial statements, proof of business activity, proof of relation
between existing and U.S. offices etc.
II. Failure to Define Managerial or Executive Nature
Not describing managerial or executive roles properly may come up as a significant issue at the time of approval of
the application. Individuals should provide their authority over personnel and business operations.
III. Lack of Specialized Knowledge
Individuals holding the role of specialized knowledge, if they fail to demonstrate their unique and critical nature
of expertise, can lead to denial of the application.
IV. Inconsistency in Application Form
Any discrepancies in the application form in supporting documents or during the interview can raise red flags
increasing higher chances of application rejection.
V. Policy Changes
U.S. immigration policies keep changing and it increases higher rejection rates making it extremely important for
an applicant to be well-prepared and aware of the updates. Awareness of the updates can save the applicant from the
common pitfalls that lead to rejection.
Avoiding Common Pitfalls of Application Rejection
It is important to keep the following easy tips in your mind for a hassle-free and successful visa
application-
Submit your application in advance and avoid unexpected delays
Be sure to provide accurate information to avoid any rejection
Keep your documents organized and easy-to-access for submission
Keep yourself updated about any changes in visa policies
Be prepared to answer questions confidently during a visa interview
Or you can seek assistance from experts like Phoenix Business Advisory that help you through the process, remove
hurdles from your way, provide valuable insight and ensure a smoother application process for
L-1A visa for
USA from India
.
10. Best Business Types for L1 Visa Applications
The
L-1 visa for USA
is mainly advantageous for businesses with significant international presence
or businesses seeking expansion of their operations in the United States. The business types that can reap
advantages from the L-1 visa USA are-
A green card of the United States is known as a Permanent Resident Card. It is officially a document issued by the
government of the United States that grants the holders permanent resident status and permission to live and work in
the country while leveraging many other benefits.
For Indian nationals, the process of transition to a green card through the EB1C pathway includes various steps. It
also requires documentation and proper planning for successful completion. Below are some key considerations:
One must ensure to meet the criteria required for EB1C. It typically includes being a multinational manager or
executive or a person having qualifying relationships with the foreign employer’s entity.
The applicant must have extensive documents. He must also have all charts, evidence of business operations, job
descriptions, and payroll records.
Having a current priority date for petition remains significant for the green card application process.
File
Form l-140 (Immigrant Petition)
by U.S. employers can help establish required eligibility
for the green card based on employment.
Once the priority date is confirmed, the applicant can file
Form l-485 (Adjustment of Status)
for legal permanent residency.
Working with trusted organizations or Phoenix Business Advisory can help navigate the complexities and turn the
process into a smoother route of securing green cards.
12. Family Benefits Under the L1 Visa
The L-1 visa allows the families of visa holders to join them in the United States and secure several advantages.
I. L-2 Visa for dependents
L-1 visa holders are allowed to bring their immediate family members such as children (under 21 years) and spouse
through the
L-2 visa to green card
option. This provision supports the L-1 visa holder’s family
during his professional assignment in the U.S.
II. Legal Presence
The dependents through L-2 visa can legally reside in the United States as long as the L-1 holder is allowed. So,
families can stay together till the time primary visa holders work in the country.
III. Work Authorization
The spouse of the L-1 holder can work under the L-2 visa status to provide financial support to their family.
IV. Education
The dependents of primary visa holders are allowed to attend schools and universities without requiring any
separate student visa. It gives children access to quality education and America’s culture.
V. Healthcare Amenities
L-2 visa dependents can take advantage of healthcare services ensuring their well-being during the stay in the
country.
VI. Travel flexibility
L-2 dependents can travel in and out the United States as required during the validity of their visas. It allows
them to visit their families in different countries. Also, they can explore other countries without leaving the USA.
13. L1 Visa vs Other USA Business Visa Options
If you are a business owner, manager, and executive looking to enter the U.S, the L-1 visa for USA is quite a more
lucrative option than other visas available to move in the country. However, it can be applied only under the right
circumstances.
Following are the properties that make L-1 visa one must acknowledge:
Unlike H1-B visa, there is no annual lottery or visa cap available with L-1 visa
It lets the L-1 holder dual intent of pursuing a green card while working in the U.S.
There is no minimum investment requirement that restricts an individual’s entry in the country
The L-1 visa USA can be used to establish a new office and run existing business operations of foreign countries
in the U.S.
It gives freedom to the L-1 holder to live with his immediate family members- dependent children (under 21
years) and spouse
L1A visa holders are allowed to qualify for the EB1C green card category making it possible to live in the U.S.
even when the person is not in the relationship with the previous employer.
14. Why Business Owners Choose Phoenix Business Advisory for L1 Visa USA
Wondering why to choose expert services of Phoenix Business Advisory? Know the reasons for yourself-
Expert Assistance in Navigating Complex Immigration Laws
We are highly experienced and renowned migration consultants in the country. We have helped our clients navigate
the intricacies of immigration law while ensuring total compliance. We have a team of highly skilled individuals who
have extensive knowledge and experience in the legal landscape and helped us secure
700+ approvals
of visa applications. With our support, you can avoid common pitfalls and delays that may come through your way to
immigration.
Providing Customized Guidance to Everyone
Not all business migration cases are the same; every business has different size, requirements, and complexities.
Therefore, each of them needs to be handled with a different approach. Keeping this approach in mind, our
migration
consultancy professionals
provide personalized guidance tailored to your specific business
circumstances and its circumstances. This streamlines the process and helps you avoid unnecessary expenses
associated with attempts of wrong avenues.
Hassle-free Document Preparation for You
Document preparation is time-consuming in the business immigration process. When you
apply for USA L1 Visa
, it involves
a plethora of paperwork; any missing document can lead to delays, or failure along with additional costs. Our
professionals have expertise to help you prepare documents and assist you in compiling necessary documents
accurately.
Submitting Applications On-time
Application submission is not a one-time event. Our professionals submit applications on your behalf reducing
potential delays caused by administrative oversights. We take responsibility for handling all requests for
additional information and documentation promptly. So, you don’t have to set reminders anymore.
. That’s where we have expertise.
Migration application is the subject to scrutiny; even small mistakes can result in delays and also outright
rejections. We identify and rectify errors that may lead to application rejection.
15. Frequently Asked Questions About the L1 Visa USA
What are the types of L-1 visas?
There are two types of L-1 visa- L-1A and L-1B. L-1A is for executives and managers while L-1B is for employees
with specialized knowledge.
Are Indian business owners eligible to apply for an L-1 visa?
Yes, if you run or operate a company in India, you are eligible for an L-1A visa as an executive or manager
providing corporate relationship and operational requirements.
Can I use an L-1 visa to open a new office in the USA?
Yes. You can establish a new U.S. office which is commonly called as “New Office L-1”
Is L1 visa better or H-1B?
For business owners, entrepreneurs, executives, and managers, the L1 Visa is generally a better option than the
H-1B Visa. However, for employees without ownership or managerial responsibilities, H-1B may be more suitable.
Can I change employers on an L-1 visa?
No, the L-1 visa for the USA is tied to the company which sponsors your transfer. If you want to change employers,
you will require a different visa category.
Does L-1 Visa make a good choice for Indian entrepreneurs?
Yes. Indian business individuals who want to expand their existing business operation to the United States can find
the visa as the best route as it allows affiliation and may later help in permanent residency.
How long can you stay in the USA on a L1 visa?
The amount of time you can stay in the USA on an L-1 visa depends on the type of visa you have. If you hold an L-1A
visa as a manager or executive, you can stay for up to 7 years. If you have an L-1B visa for specialized knowledge
employees, you can stay for up to 5 years. Most applicants receive an initial approval of 1 to 3 years, and can
later extend their stay in 2-year increments if they continue to meet the visa requirements.