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(Law
Offices of Jonathan Liang,
www.lianglaw.com
The EB-1Cor “Certain Multinational Executives and
Managers” immigrant classification is an often
overlooked option for many people seeking permanent
residence in the United States. In fact, the
requirements for an EB-1C application are very similar
to those of the L-1A “Intracompany Transferee”
nonimmigrant classification. Thus, for people currently
working in the United States in L-1 status, an EB-1C
petition is a particularly viable option.
One of the biggest advantages of the EB-1C category is
that an applicant does not need to go through the
lengthy and burdensome process of labor certification.
The only requirement in this regard is that the
prospective employer must furnish a job offer stating
that the applicant will be employed in the United States
in a managerial or executive capacity.
Generally, the EB-1C classification is for executives or
managers who have worked in an overseas office of a
company which has branches both in the United States and
abroad. The executive or manager must be coming to the
U.S. to work for the same company (or an affiliate or
subsidiary) in an executive or managerial “capacity”
(see discussion below). Additionally, the prospective
U.S. employer must have been doing business for at least
one year. Thus, a successful EB-1C application allows a
manager or executive in a multinational company to
transfer to his company’s U.S. office and attain
a “green card”.
One of the requirements for an EB-1C petition is that
the alien have worked at an overseas office of the
company for a one-year period. To determine the exact
nature of this one-year requirement, an applicant must
first determine where they will be when the EB-1-3
petition is filed.
§
If you will not be in the U.S. upon filing of the
petition
- then in the three years immediately preceding the
filing of the petition you must have been employed
outside the United States for at least one year in a
managerial or executive capacity by the company (or by
an affiliate or subsidiary of the company)
§
If you will be in the U.S. upon filing of the
petition
- if you are 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 you
were employed overseas, in the three years preceding
entry as a nonimmigrant, you must have been employed by
the entity abroad for at least one year in a managerial
or executive capacity
As noted above, there is a requirement that your work be
in an executive or managerial “capacity”. In fact, this
is one of the more complicated aspects of applying for
EB-1C classification. Making clear that your work at the
company has and will be in an executive or managerial
capacity is crucially important to filing a successful
EB-1C petition.
“Executive capacity”
means a job in which the employee primarily:
(a)
directs the management of the organization or a major
component or function of the organization;
(b)
establishes the goals and policies of the organization,
component, or function;
(c)
exercises wide latitude in discretionary decision
making; and
(d)
receives only general supervision or direction from
higher level executives, the board of directors, or
stockholders of the organization.
“Managerial capacity”
means a job in which the employee primarily:
(a)
manages the organization, or a department, subdivision,
function, or component of the organization;
(b)
supervises and controls the work of other supervisory,
professional, or managerial employees, or manages an
essential function within the organization, or a
department or subdivision of the organization;
(c)
if another employee or other employees are directly
supervised, has the authority to hire and fire or
recommend those as well as other personnel actions (such
as promotion and leave authorization), or, if no other
employee is directly supervised, functions at a senior
level within the organizational hierarchy or with
respect to the function managed; and
(d)
exercises direction over the day-to-day operations of
the activity or function for which the employee has
authority.
EB-1C applications are an excellent, yet often
overlooked, way for managers and executives of
multinational companies to attain permanent residency in
the United States. As noted above, people currently
working in the U.S. in L-1A status are particularly good
candidates as many of the requirements for EB-1C and
L1-A classification are similar. If you should have any
questions regarding the EB-1C category or a potential
EB-1C application, please contact our office at
info@lianglaw.com
and one of our attorneys will be glad to answer your
inquiries. |
