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Multinational Managers Or Executives (Eb-1 Immigrants)
U.S. Immigration Law provides that certain multinational managers or executives may immigrate to the United States in the Multinational Mangers or Executives EB-1 immigrant category.
The EB-1 Multinational Mangers or Executives immigration category is a close “relative” of the L-1A nonimmigrant category. The L-1A nonimmigrant category permits multinational managers and executes to work in the United States on temporary basis, up to seven years. The EB-1 Multinational Managers or Executives immigration category is commonly used by L-1A workers to transition to Lawful Permanent Resident status so they may remain in the country indefinitely. EB-1 immigrant status is highly desirable in that it allows permanent immigration to the U.S. far quicker relative to some other categories.
The EB-1 Multinational Managers or Executives immigrant category requires an employer to make an offer of permanent employment to the immigrating employee as well as imposing several other requirements upon them.
Eb-1 Multinational Managers or Executives: Employer Requirements
The EB-1 Multinational Manager or Executives immigrant category is premised upon the transfer of an employee from a foreign company to a related company in the United States. The employer must establish a “qualifying business relationship” between a U.S. business and a related company abroad. There are four types of qualifying business relationships:
- U.S. Parent – Where the U.S. business owns and controls the company abroad.
- U.S. Subsidiary – Where the U.S. business is owned and controlled by the company abroad.
- Affiliate – Where the U.S. business and company abroad are both owned and controlled by a third individual/business.
- Branch – Where the both the U.S. business and company abroad are one in the same, operating in different locations.
Eb-1 Multinational Managers or Executives: Employee Requirements
The immigrating manager or executive must have been employed by the related company abroad for at least one year within the three years just prior to entering the United States. Those who have already been admitted to the U.S. as an L-1A nonimmigrant worker should be able to meet this requirement.
The EB-1 immigrant must be able to establish that they meet the legal definition of a Manager or Executive:
- Managers are those who supervise the work of a team of professional subordinates and/or manage an important function in the company.
- Executives are the top leaders of a company (President, Vice President, CEO, etc.) who have broad discretion in running the business and receive little oversight.
The attorneys of Sam Shihab & Associates have experience translating business records regarding managerial or executive activities into comprehensive I-140 Multinational Managers or Executives EB-1 Immigrant Petitions.
Why Consult with An Immigration Attorney?
The attorneys of Sam Shihab & Associates have worked on thousands of employed-based applications. We can help businesses as well as their manager and executive employees navigate the immigration process from beginning to end and advise on any issues that may come up along the way.
Our attorneys are available to consult with both businesses and individuals interested in the EB-1 Multinational Managers and Executives category. You can reach one of our attorneys today by simply calling one of our offices or by sending an email.