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Do
I Qualify the EB1C - Multinational
Executive or Manager Green Card Application? |
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Do
I Qualify the EB1C - Multinational
Executive or Manager Green Card Application? |
| Hi
William, I am an executive director in a multinational company in US with L1A visa for 2 years, do I qualify the EB1C - multinational executive or manager Green Card application? Answer, The EB-1C Green Card category is a first-preference immigration petition, which may mean that there is currently no visa backlog for this category and priority dates are current. The EB-1C is an employment-based immigration petition designed specifically for multinational executives and managers, and must be sponsored by a U.S. employer. In order to qualify for the EB-1C, the alien applicant must have been employed outside the United States in the 3 years preceding the petition, for at least 1 year by a firm or corporation, and must be seeking to enter into the U.S to continue service to that firm or organization’s affiliated U.S. entity. Moreover, the alien’s employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the U.S. prospective employer. The transferee’s managerial or executive duties must be at a high level that involves critical decision-making, supervising, and other job duties that are essential to the livelihood of the business. The petitioning employer must be a U.S. employer. This employer must have been doing business for at least 1 year, as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed the foreigner when he or she was abroad. In addition to collecting all necessary evidence and documentation for the EB1C, the petitioner-employer must file a Form I-140, Petition for Alien Worker. The petitioner must also provide the filing fee, made payable to the U.S. Department of Homeland Security. Premium processing is not available EB-1C petition. The term "executive capacity" means an assignment within an organization in which the employee primarily: 1) directs the management of the
organization or a major component or function of the organization;
2) establishes the goals and policies of the organization, component, or function; 3) exercises wide latitude in discretionary decision-making; and 4) receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization. |
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