Law Offices of David W. Yang
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EB-1A
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EB-1C
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L-1
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EB-1C
Multinational companies conducting business in the U.S. and abroad may sponsor certain employees for permanent resident status as multinational managers or executives (EB-1C). The qualified alien must be employed by the company (or its affiliate, parent or subsidiary) in a managerial or executive capacity outside the U.S. for at least one year out of the three years immediately preceding the transfer, or in the case of the alien already in the U.S., one year out of the three years immediately preceding entrance into the U.S. as a nonimmigrant. The alien must be coming to work in an executive or managerial capacity. In addition, the U.S. employer must have been doing business in the U.S. for at least one year.
 
Managerial capacity is an assignment in which the employee primarily:
 
  • Manages an organization, department, subdivision, function or component of the organization;
  • Supervises and controls the work of other supervisory, professional or managerial employees, or manages an essential function;
  • If s/he directly supervises other employees, the Multinational Manager has the authority to hire and fire or recommend such actions. If s/he does not supervise others, the Multinational manager functions at a senior level within the organizational hierarchy or with respect to the function managed; and
  • Exercises direction over the day-to-day operations of the activity or function.
Executive capacity is 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.
An EB-1C petition is accompanied by a petition letter detailing the managerial/executive duties of the position in the U.S. as well as the individual's qualifications as a manager/executive within the sponsoring organization abroad. Evidence of the relationship between the U.S. and foreign company must be submitted. Organizational charts and other evidence showing the hierarchy of the positions is required. Evidence of the company's ability to pay the offered wage must also be submitted.
 
Want to find out whether you are qualified for EB-1C? Please send your inquiry to us for a free evaluation.
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