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Green Card EB1: Multinational Manager or Executive
This green card option is ideal for the foreign worker who has transferred from a foreign company to a subsidiary, branch or affiliate office within the United States. It allows the applicant to avoid the PERM labor certification process and to move more quickly towards a US green card.
The majority of applicants are in L1A status in the United States, however this option is available to other visa holders such as H1B or O1 and also to those managers and executives who are still stationed abroad, as long as they will work in this capacity once the green card is approved.
Eligibility Requirements :
The United States employer has:
Been doing business for at least one year
A permanent job offer for a managerial or executive capacity
A qualifying relationship to the foreign entity that employed the applicant abroad in a managerial or executive capacity (meaning they are the parent, subsidiary, affiliate or joint venture)
The Applicant has:
Been employed abroad at the foreign company for at least one year in a managerial or executive capacity, in a full time capacity. The company where the applicant was employed overseas during the prior three year period is the parent, subsidiary, affiliate or joint venture of the US sponsoring employer. This qualifying relationship must remain constant at least until the applicant’s green card is approved.
This employment occurred in the three years preceding entry to the US or in the past three years if the person is still employed abroad.
The US and foreign companies are both operational, having employees and conducting consistent business.
Definition of Managerial and Executive:
Managerial capacity means an assignment within an organization in which the employee primarily:
Manages the organization, or a department, subdivision, function, or component of the organization;
Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization;
Has the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization) if another employee or other employees are directly supervised; if no other employee is directly supervised, functions at a senior level within the organizational hierarchy or with respect to the function managed; and
Exercises discretion over the day-to-day operations of the activity or function for which the employee has authority. A first-line supervisor is not considered to be acting in a managerial capacity merely by virtue of the supervisor's supervisory duties unless the employees supervised are professional.
Executive capacity means an assignment within an organization in which the employee primarily:
Directs the management of the organization or a major component or function of the organization;
Establishes the goals and policies of the organization, component, or function;
Exercises wide latitude in discretionary decision-making; and
Receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization.
Let Us Analyze Your Case with You
We have a very high success rate for multinational manager and executive green card cases. Our analysis starts with evaluating your intake form and documentation, and an in-depth consultation. We ensure that the company and applicant meet all of the legal criteria and flush out job details to ensure selection of the correct category. Our team then prepares a timeline and case strategy, collaborates closely with our clients to meet the rigid documentary standards, and uses persuasive writing to verify eligibility. Our team remains up to date on current policies, trends and requirements; and is meticulous in gathering, preparing and explaining supporting documentation. We prepare successful cases for small to large companies, public, nonprofit and private agencies; and do so across numerous industries.
If you are ready to explore this unique option, please reach out to us today!