EB1-C
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Introduction of EB1-C Application
Green Card Link specializes in EB1-C based immigration petitions. The third group in priority workers is for multinational managers or executives who have been employed abroad by the same corporation. This category uses the most visas from the annual allotment.
To qualify as a multinational manager or executive under this preference(EB1-C), the applicant, during the three years preceding the application, must have been employed for a minimum of one year by the same multinational firm or other business entity (parent, subsidiary, affiliate, or branch of the U.S. business) that employs the applicant in the U.S.
In addition, the petitioner must seek to continue providing services to the same employer in a managerial or executive scope.
Required Evidence for EB1-C
Definitions of “Affiliate” and “Subsidiary” in the Rules of an EB1-C Petition
U.S. Company Acquired an Overseas Company
There is not currently a requirement that a qualifying relationship exist between the U.S. and a foreign entity for a period of one year prior to filing a EB1-C petition. The regulations do require that the U.S. entity must have been doing business for at least one year. As a result, a U.S. entity that has been acquired by a foreign corporation may immediately file a first preference petition on behalf of a manager or executive who worked for the foreign entity in a qualifying capacity for the requisite period of time.
Qualifications of a “Manager“
In order to qualify as a manager, the applicant must fulfill several requirements. Usually, first-line supervisors are excluded from the statutory definition of a manager unless the employees being supervised are professionals. Staffing levels are to be considered in relation to the reasonable needs of the business and its stage of development.
The law defines a manager as someone who:
- Manages a function, department, subdivision, or corporation, department, subdivision, or function
- Supervises and controls the work of other managerial, supervisory, or professional employees, or manages essential functions
- Has the authority to make personal decisions as to hiring and termination, or functions at a senior level, or Exercises discretion over the day-to-day operations of the activity or function for which he or she has authority.
Qualifications of a “Manager“
An EB1-C applicant is qualified as an executive if he/she fulfills the following requirements:
- The person must manage a function, major component, or organization
- Possess the authority to establish policies and goals
- Has wide scope and discretionary decision making authority
- The person receives only general supervision from stockholders, board of directors, or higher executives.
The definition also includes executives who perform tasks necessary to produce the product, or actually provide the service offered by the organization if the executive is also a professional, such as an engineer or architect.
One Out of Three Year Working Requirement
Regarding the length of employment abroad, the USCIS permits the non-resident to have worked for one year out of the preceding three years for the employer abroad, and the regulations do not exclude the possibility of combining employment time during the preceding three-year period in order to attain the one-year requirement.
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