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The EB1 Multinational Executive or Manager Green Card is the immigrant version of the L1A Intracompany Transfer Visa. The EB1 Multinational Executive or Manager Green Card category is designed for mid- to high-level executives or managers transferring from an overseas company or firm outside the U.S. to an affiliated company in the US. Additionally, applicants must meet certain other requirements.
The good news is that eligible candidates for this visa can avoid the cumbersome PERM Labor Certification process. They can also receive a Green Card (U.S. permanent residence) in a relatively short time period.
Those applying for an EB1 Multinational Executive or Manager visa must have U.S. employer sponsorship. Their prospective employer must have a “qualifying relationship” with an entity outside of the U.S. Their relationship must be ongoing throughout the entirety of the EB1 Multinational Executive or Manager Green Card immigrant petition.
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EB-1C Multinational Manager or Executive Green Card Benefits
Selecting the multinational manager and executive category over other green card options has several benefits.
No Labor Certification Process
One advantage is that it doesn’t require a PERM Labor Certification. Bypassing the labor certification process speeds up the entire process, helping you get work/travel authorization more promptly.
All Priority Dates are Current
Another benefit to the EB-1C green card is that all priority dates are current. Therefore, as soon as the USCIS approves your I-140, you will receive a visa number to submit your I-485. This is much quicker than some EB2 and EB3 categories, with a waiting time of up to several years.
Legal Requirements for an EB1 Multinational Executive or Managerial Capacity Green Card Category
To qualify for the EB1 Multinational Executives or Manager Green Card category, candidates must meet and provide evidence of the following legal requirements:
- If residing outside the U.S., a beneficiary must have been employed by a qualifying organization for a minimum of one of the three years before filing an application. (The U.S. and non-U.S. entities must have common ownership and control, for example, as a parent, subsidiary, or sibling company.)
- If already located in the U.S. and employed by the same employer (or subsidiary or affiliate of the overseas employer), the applicant must have been employed by the qualifying organization abroad for no less than one year in a managerial or executive capacity.
- The EB1 Multinational Executive or Manager candidate must desire to be in the U.S. to provide managerial or executive services to the same employer or its U.S. subsidiary or affiliate.
- The prospective US employer-petitioner must prove that it has been doing business for a minimum of one continuous year before the filing.
EB1 Multinational Executive or Manager Green Card Category: Definition of Subsidiary or Affiliate
Determining the existence of a qualifying relationship between a parent company or organization and a subsidiary or affiliate for EB1 Multinational Executives or Manager Green Card petition purposes involves determining ownership and control.
For instance, if a parent company has at least 50 percent ownership, or less than 50 percent ownership, but can show de facto control over the other entity, the other entity may technically be defined as a subsidiary of the parent company.
Managerial or Executive Capacity in the Context of the EB1 Multinational Executive or Manager Green Card Category
A candidate doesn’t become eligible for the EB1 Multinational Executive or Manager Green Card by title alone. In evaluating their eligibility, potential candidates must consider the following:
- Most past and future job duties should relate to operational or policy management. They should not only relate to the supervision of low-level employees or mere participation in company operations, such as selling products or operating equipment.
- An executive or manager must strategically plan or direct a company’s significant activities.
- An executive usually determines overall organizational policies and goals. Lower-level managers and staff execute them.
- A manager typically oversees other supervisory, professional, or managerial employees, has the authority to hire or fire others, has discretion over certain daily operations, or supervises the work of others in managerial or professional positions.
- The United States Citizenship and Immigration Services (USCIS) also reluctantly recognizes “Functional Managers.” They are defined as overseeing a particular function or department instead of managing other professional or high-level employees. However, keep in mind that USCIS strictly examines Functional Manager petitions. Therefore, these are often challenging to achieve.
- Suppose an EB1 Multinational Executive or Manager directly supervises another employee or employees. In that case, they must have the authority to hire and fire others or recommend those and other personnel-related actions such as promotion and authorization for leave.
- If an EB1 Multinational Executive or Manager candidate doesn’t directly supervise other employees, they must work at a senior level according to the organizational hierarchy or concerning the function they manage.
- According to the USCIS, first-line supervisors aren’t acting in a managerial capacity just because they have supervisory duties. Generally, first-line or lower-level supervisors won’t qualify in the EB1 Multinational Executive or Manager Green Card category.
The EB-1C Green Card Process
The first step in the EB-1C green card process is the employer files an I-140 immigrant petition for alien worker with the USCIS. Once the petition is approved, you can file an I-485 application to register as a permanent resident or adjust your status. When you receive approval for the I-485, your status automatically changes to legal permanent resident status under the EB-1C green card.
However, if you aren’t located in the United States when you apply, then you must go through consular processing. The initial step in this process is to make and attend an appointment with your home country’s U.S. consulate or embassy your for an in-person one-on-one interview with a consular officer.
Be sure to complete the DS-260 online immigrant visa application and bring a copy of the confirmation page to your consular interview. You may be required to submit to biometrics, depending on your age. An experienced immigration attorney can tell you if this requirement applies to you and help you provide the evidence you need.
If the consular officer gives you clearance, you can travel to the U.S. under legal permanent resident status. After completing a short background check, the officer at the U.S. port of entry (seaport, border, or airport) will stamp your passport for entry. You should receive your EB-1C green card will be in the mail shortly.
Processing Time
The processing time for multinational managers and executives will depend on the service center’s caseload at the time. You can receive an estimated processing time by contacting the service center directly.
On average, the I-140 takes about six months to process, depending on how busy the service center is. The I-485 also takes an average of six months to process. This means if you are already located in the U.S., you might anticipate an EB-1C processing time of one year.
On the other hand, if you aren’t currently in the U.S., the processing time could be longer depending on the U.S. consulate or embassy that completes your interview.
EB-1C Green Card Costs
To obtain your EB-1C green card, you must pay some mandatory fees. There are also some optional fees. Some fees are your responsibility, and some are your employer’s responsibility to pay. Fees are as follows:
- $700: I-140 basic filing fee (employer’s responsibility)
- $750-$1,140: I-485 filing fee (payable by either you or your employer, varies depending on how old you are)
- $85: Biometrics services fee (if applicable, you will be responsible for this fee)
- $230: DS-260 fee (if applicable, this fee is your responsibility)
- $88: affidavit of support fee (your responsibility)
Optional Fees
Optional fees include the following:
- $1,225: Premium processing fee, which can be paid by you or your employer and significantly decreases your I-140 processing time from six months to 15 calendar days.
- Attorney fees—although hiring an attorney isn’t legally required to obtain an EB-1C, it’s in your best interest to do so.
Need Help with EB-1C? Call TZG Law Today
TZG Law is here to provide professional guidance and support in navigating the complexities of immigration law. With our team of experienced immigration attorneys, we specialize in various areas of immigration, including EB-1C employment visas, naturalization, deportation defense, and more. Whatever your immigration needs may be, we have the knowledge and skills to assist you.
Take action today! Contact TZG Law at 385-396-4599 or click here to schedule your initial consultation with Tina. Let us be your trusted partner on your immigration journey.
