+1-800-997-1228
Questions and Answers > EB-5 Investments

How can I work for a foreign company remotely from the US to switch to L-1 after my EB-5 project failure?

Because of my EB-5 project failure, I will get the I-829 denial soon. I have my I-140 approved, and I was told that I have to work for an affiliated office outside the US for 1 year, and be back with L-1. My question is, can I stay in the US as an affiliated office employee until my I-829 is denied? Will it be counted into the 1-year period?

Answers

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The L-1 requires you to be physically abroad for one year to meet one of the criteria. However, a denied I-829 does not automatically terminate your permanent residence. A final order from an immigration judge will terminate it.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    You have to be overseas working for the L-1 related company for one year to qualify for L-1A transfer to U.S. company. Every day in the U.S. counts against that one year.

  • Avatar

    Stephen Berman

    Immigration Attorney
    Answered on

    It seems to me that you would have to work for a foreign company outside the U.S. to qualify for L-1 transferee.

  • Avatar

    Mitch Wexler

    Immigration Attorney
    Answered on

    No, must work for a foreign entity while out of the US. In fact, each day spent in the US during the qualifying year is added to the 365 day requirement.