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EB1A

 

EB1B

 

EB1C

 

EB2NIW

 

EB2 and EB3

 

PERM Labor Cert. Application

 

EB5: Investors

 

H1B

 

H3

 

O1/O2

 

F1

 

J1

 
   

EB1C Multinational Executives and Manager


Legal Requirements: 

Multinational executives and managers may apply U.S. Permanent Residency in this classification if the following legal requirements are satisfied.

A qualified U.S. employer that relates to the foreign business entity in one of the following ways:

One of two subsidiaries both of which are owned and controlled by the same parent or individual;

One of two legal entities owned and controlled by the same group of individuals, each individual owning and controlling approximately the same share or proportion of each entity; or

In the case of a partnership that is organized in the United States to provide accounting services.

Can be a newly formed U.S. Employer.

The transferee 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.

No labor certification is required for this classification. The prospective employer in the United States must furnish a job offer in the form of a statement which indicates that the alien is to be employed in the United States in a managerial or executive capacity. Such letter must clearly describe the duties to be performed by the alien.

EB1C Multinational Executives and Managers Document Preparation

(1) If the alien is outside the United States, in the three years immediately preceding the filing of the petition the alien has been employed outside the United States for at least one year in a managerial or executive capacity by a firm or corporation, or other legal entity, or by an affiliate or subsidiary of such a firm or corporation or other legal entity; or

(2) If the alien is already in the United States working for the same employer or a subsidiary or affiliate of the firm or corporation, or other legal entity by which the alien was employed overseas, in the three years preceding entry as a nonimmigrant, the alien was employed by the entity abroad for at least one year in a managerial or executive capacity; 

(3) The prospective employer in the United States is the same employer or a subsidiary or affiliate of the firm or corporation or other legal entity by which the alien was employed overseas; and

 (4) The prospective United States employer has been doing business for at least one year.

 

 

 


 

 
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