Navigating Complex Immigration Law Issues For Managers And Executives
Immigration law is highly complex; there are challenges and obstacles unique to this practice that only an experienced immigration lawyer can address. Our law firm has one of the best EB-1C visa attorneys in San Jose and has secured U.S. entries for clients from various countries all over the world.
Who Is Eligible?
The EB-1C visa is for Multinational Managers or Executives who have served for at least one year in another country in a top-level position with a parent, subsidiary, or affiliated company of a U.S. company. This process requires you to have a permanent job offer from the U.S. company to continue service to that organization in a managerial or executive capacity.
If you believe you qualify under this preference category, you, or at least your employer, on your behalf, must present the following requirements:
- Documentation that shows you have been employed outside the U.S. in a managerial or executive capacity for at least one year in the three years prior to the filing of the petition;
- If you, the worker, are presently in the U.S. working for the same prospective employer, the three-year period mentioned above is the time preceding your entry to the U.S. as a non-immigrant;
- The foreign employer must have been the same employer, an affiliate or a subsidiary of the prospective U.S. employer;
- You, the beneficiary of the petition, must be coming to the U.S. to work in an executive or managerial capacity; and
- The prospective U.S. employer must have been doing business for at least one year
Multinational Managers and the L-1 Work Visa
The Multinational Manager/Executive category for employment-based green cards closely resembles the L-1A visa category. Therefore, many people who qualify for an L-1A visa as a Manager or Executive would also qualify for permanent residency in the U.S., without a labor certification application. Please note that L-1B employees with “specialized knowledge” are not eligible for this type of green card petition, unless they meet the above requirements.
How Do You Apply?
Unlike the EB-1A visa (Persons of Extraordinary Ability), where you may self-petition, the EB-1C visa is employer-sponsored. This means the employer must file the petition for you, the beneficiary.
The petition is filed using the Form I-140 Immigrant Petition for Alien Worker. It must be submitted with a statement from the U.S. employer affirming all of the pertinent requirements, including a description of the job duties you will be performing in the U.S., the responsibilities you performed as a manager or executive abroad, and your periods of employment abroad. The petition must also be accompanied with evidence of the relationship between the U.S. and foreign company. All petitions and supporting documents are filed directly with the USCIS.
One advantage of the EB-1C visa is that it does not require a Labor Certification.
Call Or Email For A Free Initial Consultation
We’ll guide you through every phase of the application process and present the best evidence and argument for you case. Contact us today online or by telephone at 408-389-4764 to get an evaluation or for more information.