Multinational executives and managers, looking for permanent residence in the US, may apply for the same under the EB-1C subcategory permitted by The Immigration and Nationality Act (INA).
EB-1 Multinational Executives or Managers green card is specifically meant for any employee working under the capacity of executive or manager looking for a permanent residence in the USA.
The first preference immigration category consists of three subcategories, each has different eligibility requirements:
- Aliens with extraordinary ability in sciences, arts, education, business, or athletics (EB-1A or EB1-EA);
- Outstanding professors or researchers (EB-1B or EB1-OR);
- Multinational executives or managers (EB-1C).
It is mandatory for the person to have worked at least 1-3 years for filing the petition for EB-1 Multinational Executives.
Although a Labor Certification requirement is not necessary to apply for the employment-based first preference category.
Minimum Requirements: In order to qualify for the EB-1 Multinational Executives or Managers Green Card,
the applicants must prove all of the following:
Correlation between employers
It is important that the employers be related entities like the U.S. Employer and the Foreign Employer both are affiliated to each other or either is a subsidiary.
To be either an affiliate or a subsidiary both should meet the respective criteria to qualify. To qualify as affiliates, the same individual or groups of individuals must own a controlling interest (at least 50%) in both the U.S. Employer and the Foreign Employer.
To qualify as a subsidiary, the Foreign Employer must own the U.S. Employer or vice versa. Evidence is required in both cases as well.
B. Must be working currently in the capacity of an executive or manager
The applicant must provide proof that he is currently working either as an executive or manager currently for the employer.
For employees who will resume work after coming to the US should provide proper documents proving that he or she will be working in the said post of either executive or manager in the future.
A detailed document must be presented stating an explanation of the term “executive” or “manager” in which it must be clear that the person will be supervising a team of professional workers.
C. Active US and Foreign Employer or companies
It is important for the company, both in the US and Foreign, to operate the business on a regular basis. Both organizations must be active and conduct regular and systematic day to day operations.
A U.S. company or organization must be established for at least one year and must be active.
But in the case of a Foreign company only the duration for which the application has been provided, the company needs to be active. Once the green card is approved, it does not matter if the Foreign Employer is no longer active.
D. Proof of the “ability to pay” by the U.S. Employer
The US employer has to prove that the applicant is already on its payroll and already receives the wage offered in the green card application.
He has to prove that his (the US employer’s) net assets or net profits are greater than the salary offered to the applicant. Details of tax returns by the employer are needed both at the time of application made and while it is in process.
EB-1 Multinational Executives or Managers Green Card application resembles the L-1A work visa application.
Therefore, many people who qualify for an L-1A visa as an Executive or Manager would also qualify for permanent residency in the United States, without a Labor Certification application.
For assistance with achieving Lawful Permanent Residence Status or a Green Card through an EB-1, consult with one of our immigration attorneys today.