Throughout this guide, the L-1A petitioner has been assumed to be the business owner—because that's the setup most families use when pursuing this path for permanent residence. But L-1A law doesn't say that: the petitioner can be anyone who has managed or directed the company for at least one year—owner, vice president, or head of a major division all qualify.
That flexibility makes "who goes" a genuine strategic decision—and one that should be made earliest, because it shapes everything after: who needs 12 months of normalized salary and insurance documentation, what organization gets built around whom, which family prepares to relocate. This article weighs the options by what matters most: the owner's true goal and the company's current personnel depth.
Start with the right question: what does your family actually want?
Before comparing pros and cons, separate two goals often mixed together: settlement (green card for the owner's family) and business (US presence for the company). If the owner's family's own settlement is the goal—the petitioner must be the owner or a qualifying spouse, because the EB-1C green card follows only the petitioner and their derivative family; if a manager goes, any green card (if pursued) belongs to the manager's family.
If business is primary and settlement is optional—the scale opens wider: either person can serve the branch goal, and the question becomes who going makes the company strongest. This separation sounds obvious but is where many wrong decisions start: choosing based on business logic while settlement is the hidden goal, or vice versa.
Option A—Owner Applies: The Default Has Reasons
Why this is the common setup: it fully achieves settlement for the owner's family; the person most committed to the branch's success is the one with the biggest stake; the business story flows naturally (founder opens a new market); and all value created in the US—company, assets, green card—stays with the owning family.
The cost has been detailed throughout this guide: the parent company loses its top person on-site (must build remote management), the owner directly runs the branch for 2-3 years in an unfamiliar market, and the owner's file faces extra scrutiny (family business narrative). All manageable—with foresight and proper preparation.
Option B—Send a Senior Manager: The Move for Deep Organizations
Setup: a qualified senior manager (one year in a management role with full documentation) applies L-1A to establish the branch; the owner stays to hold Vietnam. Advantages: the parent company keeps its full strength under the owner; the person going is a professional employee—their file carries none of the owner's sensitive points; and the owner maintains both operations instead of being consumed by one.
Real risks to face: heavy dependence on one person's loyalty and capability halfway around the world—retention structures (salary, bonuses, trajectory, possibly small equity at non-controlling levels) must be carefully designed; the manager's family has their own settlement plans—being direct from the start about whether the company will sponsor their EB-1C is necessary fairness; and the owner's settlement goal (if any) remains unmet—leading to the two-step structures below.
Two-Step Structure: Manager Opens the Door, Owner Follows Through the Bigger Gate
This is the move hinted at in the EB-1C direct filing article, now in full: step one, a qualified manager applies L-1A to establish the branch meeting "doing business" standards in 12-18 months; step two, once the branch has one full year of real operations, the company sponsors the owner to file EB-1C directly from Vietnam—the owner's entire family enters on permanent residence visas, skipping the temporary visa phase entirely.
This setup requires three things, so it only fits companies with depth: a manager truly capable and trustworthy, enough capital to run the branch under an employee, and the owner's patience for 2-3 years before departure. The payoff is substantial: the parent company never loses its owner, the owner's family doesn't relocate twice, and the owner's EB-1C file stands on a branch already operating—a clean structure on every front.
Petitioner Qualifications: Vet Before You Commit
Whoever you choose must pass the same review: one recent year in a genuine management role with documentable evidence (salary, insurance, personal taxes—the salary normalization requirement applies to whoever is the petitioner, not just the owner); a future US role matching management level; and soft factors determining the next 2-3 years: health, English sufficient to operate (not a file requirement but a life requirement), family situation suited to relocation.
For the manager option, add one layer: their file must be independently clean (travel history, prior visa applications), and—practically speaking—their personal plans must align with the company's for at least 3 years. Naming your petitioner is naming a person for a long journey; this review deserves weeks of thought, not a default decision.
Decision Framework Summarized: Four Scenarios, Four Recommendations
- Clear settlement goal + owner ready to leave Vietnam: Option A—owner applies, build remote management per earlier playbooks.
- Clear settlement goal + parent company can't lose the owner + have a capable manager: Two-step structure—manager L-1A first, owner EB-1C direct filing after.
- Business is primary + deep personnel bench: Pure Option B—manager applies, retention structure carefully designed, owner's settlement door left open for later.
- Unclear on goals: Don't name the petitioner yet—clarify what your family truly wants first, because every move after hinges on it.
And one principle throughout: the earlier this decision, the sooner the 12-month evidence clock for the right person starts—changing petitioners mid-process means redoing nearly all personal preparation.
Disclaimer: This article is informational reference, not legal or immigration advice. Visa-L1.com is a business consulting and operations firm, not a law firm; all L-1A and EB-1C legal documents are prepared and filed directly by US-licensed immigration attorneys. Government fees and USCIS policy may change; verify at the time of filing.
Frequently Asked Questions
If I send an employee on L-1A, does my family get a green card?
No—the EB-1C green card follows the petitioner and their derivative family: if the manager goes, any settlement benefit (if pursued) belongs to the manager's family. If your goal is a green card for your family, either you apply L-1A yourself, or use the two-step structure: manager establishes the branch first, you file EB-1C directly after one year of operations.
What qualifications must my manager have to apply?
The same as any petitioner: at least one recent year in a genuine management role at the company with full documentation (appointment letter, employment contract, bank-transferred salary, insurance, personal taxes), a US role matching management level, and a clean personal file. Plus soft factors: trustworthy, family situation suited to relocation, and personal plans aligned with the company for at least 3 years.
Should I give my manager equity to retain them?
Possibly—at non-controlling levels: the file's ownership structure (parent company holding over 50% and controlling the branch) must stay intact, and any equity changes during the filing period must be reviewed by immigration counsel first. Other tools usually suffice: performance-based salary and bonuses, career trajectory, and a commitment to sponsor their EB-1C if both parties want it.
I want both: keep my Vietnam company and get my family a green card—which path?
The two-step structure was built for exactly this: a capable manager applies L-1A to establish the branch in 12-18 months; once the branch has one full year of real operations, the company sponsors you to file EB-1C directly from Vietnam—your family enters on permanent residence visas, your parent company never loses you. Requirements: personnel depth, sufficient capital, and patience for 2-3 years.
