Like the visa for persons of Extraordinary Ability (EB-1A visa), Outstanding Professors and Researchers (EB-1B visa), Multinational Executives and Managers (EB-1C visa) are in the First Preference Category, Priority Workers, for Employment–based Immigration.
The EB-1C immigrant visa is available for executives & managers who have worked outside the U.S. for at least one year out of the 3 years preceding the petition, for an employer that is related in one of the qualifying ways to the prospective U.S. employer. No labor certification is needed, but a permanent job offer is required. The application is made to USCIS by the sponsoring U.S. employer, and if successful, the employee/ beneficiary is eligible for a green card and permanent residence in the U.S
The requirements for the EB-1C immigrant visa are similar to those of the L-1A Intracompany Transferee visa.
The EB-1C visa for Multinational Executives & Managers requires that:
The alien was employed outside of the U.S. in an executive or managerial capacity for at least one year out of the 3 years preceding the filing of the petition, the alien’s foreign employer must have been the same, or an affiliate or subsidiary of the sponsoring U.S. employer; and the alien must be seeking to enter the U.S. to work in a managerial or executive capacity, and the sponsoring U.S. employer has been in business for at least one year.
There are several aspects of the requirements of the EB-1C visa, as summarized above, that require closer examination:
• That qualifying relationship must exist at the time the petition is filed,
• The alien’s job responsibilities correspond to those required of executives and managers
➢ Manages the organization, department, subdivision, function or component:
➢ Supervises and controls the work of other supervisory, professional or managerial employees, or manages an essential function within the organization or department;
➢ Has authority to hire and fire, or recommend personnel actions
➢ If does not supervise, then functions at a senior level; AND
➢ Exercises discretion over day-to-day operations of the activity or function.
Executive capacity means an assignment in which the employee primarily:
➢ Directs the management of the organization or a component or function;
➢ Establishes goals and policies;
➢ Exercises wide latitude in discretionary decision making; AND
➢ Receives only general supervision or direction from higher level executives, board of directors or stockholders.
The attorneys of Getson & Schatz are experienced in employment-based immigration, and can provide legal advice and services on a customized basis to both sponsoring employers and individuals.