Are you looking for ways to work in U.S. through Employment Based immigration, but are confused as to the criteria and process? Then log on to wisdomjobs page to know details about your eligibility, requirements, process and also answers to the various questions related to the EB1 Green Card. EB1 is given to people who have extraordinary abilities in the field of arts, education, science, business, or athletics. If you are an outstanding researcher or professor, or if you are a manager or executive in a multinational company, then also you can easily qualify for the EB1 Green Card. Your green card process will remain incomplete if you are unable to pass the personal interview. To help you to confidentally pass through the interview we have prepared EB1 Green Card interview questions and answers. Read them and be prepared for the final step in the EB1 Green Card process.
The EB-1 is the Employment-Based First Preference Immigration. An EB-1 petition consists of Form I-140 and supporting documents to show that the beneficiary meets the EB-1 criteria. The burden of proof in EB-1 cases rests solely with the petitioner and the alien applicant. The First Preference Immigration Petition is an employment-based petition for Permanent Residence in the United States for those who are among the most able and accomplished in their respective fields within the arts, sciences, education, business, or sports.
There are three (3) types of EB-1 petitions:
The most notable advantage for those who qualify for an EB-1 petition is the lack of a Labor Certification requirement. Obtaining a Labor Certification is a time-consuming and expensive process that seeks to determine whether a qualified U.S. worker is available to fill the position sought by the petitioning alien. In addition to the time and expense of the Labor Certification process, an alien risks being denied a Labor Certification if a U.S. worker with technical qualifications for the employment is found, even if the alien is actually more suitable for the position based on factors not considered in the Labor Certification process.
In an EB-1 petition, the Labor Certification is not required at all. In EB-1A petition, a permanent job offer is not required, and an alien may petition immigration by himself or herself. However, in EB-1B and EB-1C petitions, a permanent job offer is required. In other words, a U.S. employer must be the petitioner in EB-1B or EB-1C petition.
EB-1C is one of the several categories established by the U.S. Congress for obtaining immigrant status, i.e., for attaining U.S. lawful Permanent Residence. Immigrants refer to foreign individuals coming to the United States permanently. They are more officially known as “Lawful Permanent Residents.” These terms are used interchangeably. The categories for employment-based immigrants are defined in the Immigration and Nationality Act. What is become known as EB-1C immigrants refer to the category of aliens who are eligible for permanent residence as intra-company transferees and continuing to work in the United States in a managerial or executive capacity.
When an employer wishes to transfer an alien employee working abroad to a U.S. company as an EB1 Multinational Executive or Manager immigrant, a qualifying relationship must exist between the foreign employer and the U.S. employer. A qualifying relationship exists when the U.S. employer is an affiliate, parent or a subsidiary of the foreign firm, corporation, or other legal entity. To establish a qualifying relationship under the regulations, the petitioner must show that the foreign employer and the U.S. employer are the same employer (i.e., a U.S. entity with a foreign office), or related as a parent/subsidiary or as affiliates.
In this regard, ownership and control are the factors that must be examined in determining whether a qualifying relationship exists between the U.S. company and foreign entity for purposes of this visa classification. In the context of this visa petition, ownership refers to the direct or indirect legal right of possession of the assets of an entity with full power and authority to control; control means the direct or indirect legal right and authority to direct the establishment, management, and operations of an entity. In addition, the petitioner must demonstrate that the U.S. organization has the ability to pay the beneficiary’s salary.
The petitioner must demonstrate that the:
On EB-1 immigrant visa, you may:
The multinational means that the qualifying entity, or its affiliate, or subsidiary, conducts business in two or more countries, one of which is the United States. Employment experience in a U.S. company alone does not count. The alien beneficiary must have been employed abroad by a multinational entity.
‘Extraordinary ability’ means a level of expertise indicating that you are one of that small per cent who has risen to the very top of your field of endeavor.
Your Achievements must:
The requirements for EB1 Multinational Executive or Manager Immigrant classification are similar to those for L-1A nonimmigrant classification, but are more rigorous both in the law and in its enforcement. The EB-1C classification is similarly for individuals who have been employed abroad for one year in a qualifying capacity and who are coming to perform qualifying work for a related company in the United States.
Generally, an alien beneficiary for EB-1C classification must have been employed abroad by a foreign employer in a managerial or executive capacity for one continuous year of the previous three years; who is being transferred permanently to the U.S. to be employed by a parent, branch, affiliate or subsidiary of that foreign employer in a similar managerial or executive capacity. The Labor certification is not required but a job offer is required.
You must be a foreign national who:
Possesses ‘extraordinary ability’ in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation.
Seeks to enter the U.S. to continue work in the area of ‘extraordinary ability’ and Upon entry into the U.S. will substantially benefit prospectively the U.S.
To be an executive, you must direct the management of the organization or a major part or function of it; you need to establish the goals and policies of the organization, and receive only general supervision from executives on a higher level, from the board of directors or stockholders of the organization. As a manager, you must manage the organization or other part of the organization, supervise and control the work of other professional employees, and have the authority to hire and fire.
An EB-1C petition for a multinational executive or manager must be accompanied with a statement from an authorized official of the petitioning U.S. Company which establishes that:
Since the position held by the EB1C Green Card applicant both in and out of the U.S. are required to be executive or managerial in nature, the exact meaning of these terms is important.
Managerial capacity has been defined to mean an assignment with an organization in which the employee personally:
To qualify for an EB-1 visa as an ‘outstanding professor or researcher’ you must be a foreign national who:
Seeks to enter the U.S. for a:
The term functional or function manager applies generally when a beneficiary does not supervise or control the work of a subordinate staff, but instead is primarily responsible for managing an essential function within the organization. The definition of the term manager includes functional managers. A manager may qualify for EB1C classification as a functional manager if the petitioner can show, among other things that the beneficiary will be primarily managing or directing the management of a function of an organization, even if the beneficiary does not directly supervise any employees.
It must be clearly demonstrated, however, that the “essential function” being managed is not also being directly performed by the alien beneficiary. For example, an alien who claims to primarily direct the laboratory research on chemical compounds for a specialty chemical company cannot also be primarily performing the day-to-day laboratory research. An employee who primarily performs the tasks necessary to produce a product or to provide services is not considered to be employed in a managerial or executive capacity.
Your petition for an alien of extraordinary ability must be accompanied by evidence that you have sustained national or international acclaim and that your achievements have been recognized in the field of expertise. Such evidence must include evidence of a one time achievement (that is, a major, internationally recognized award), or at least three of the following:
The immigration category of EB1 Multinational Executives or Managers for U.S. permanent residency has the following advantages:
Many multinational executives or managers may wonder whether they could qualify for the EB1 Multinational Executives or Managers immigration visa classification. The common misunderstanding could be that the EB1 Multinational Executives or Managers immigrant visa application is very hard to get approval. Therefore, some alien executives or managers may apply for Green Card in other categories.
Due to the immigrant visa number retrogression for some countries, the alien applicants from these countries need to wait for years to get Green Card application approval in EB-2 and EB-3 categories. Many new immigrants are looking for other options. The EB1 Multinational Executives or Managers immigration visa category is such an option for those aliens with executive capacity or manager capacity in multinational companies. Because the EB-1C category is in the First Preference, and the immigrant visas are immediately available.
A petition for a ‘multinational executive or manager’ must be accompanied by a statement from an authorized official of your petitioning U.S. employer which demonstrates that:
If you are:
USCIS regulation requires that the U.S. employer is the same employer or a subsidiary of the company by which the alien beneficiary was employed abroad. There is no requirement for the size of the petitioning U.S. Company or its business.
But USCIS requires that the U.S. employer should conduct business in two or more countries either directly or through affiliates or subsidiaries. Also, the U.S. company must have been in business for at least one year prior to the fling of the EB-1C Multinational Manager or Executive immigrant visa petition.
Some petitioners may argue that their beneficiary's proposed position fits under the statutory definitions for managerial and executive capacity, and USCIS adjudicators should not place undue emphasis on the size of the petitioning entity's support staff without taking into account the reasonable needs of the organization.
While the size of a company's personnel cannot be the sole consideration for USCIS to determine a petitioner's eligibility for an EB-1C petition, this factor is relevant for USCIS and should be considered, as it allows USCIS to gauge the petitioner's ability to relieve the beneficiary from having to primarily engage in the daily operational tasks of an organization.
When a petitioner fails to provide a detailed description of the beneficiary's proposed tasks within the context of the organizational hierarchy at the time of filing, USCIS may conclude that the beneficiary would be required to assist with daily operational tasks and would not be able to focus on primarily qualifying managerial or executive tasks.
Yes, upon approval of your Form I-140, Immigrant Petition for Alien Worker, your spouse and unmarried children under 21 years of age may apply for immigrant visas through Adjustment of Status in the U.S. or through consular processing at a U.S. consulate outside the U.S.
You may check visa status by using Vasari’s free visa status service.
If you’re Form I-140, Petition for Alien Worker is denied, you may file Form I-290B, Notice of Appeal, along with the required fee at the appropriate USCIS Service Center within 33 days of receiving the denial. You may also refile your I-140 petition with additional evidence.
Many employment based immigrant visa application categories require both a job offer by a U.S. employer and a Labor Certification approval by the U.S. Department of Labor (DOL). A job offer is required for EB-1C immigrant visa application for multinational executive or manager, but a Labor Certification approval from U.S. Department of Labor is not required, if the alien beneficiary had one year or more experience abroad as an executive or manager.
The two main advantages for an EB1 Multinational Executives and Managers immigrant petition are:
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