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EB-1(C):  Multinational Executives or Managers

The EB-1(C) immigration classification allows Multinational Executives or Managers to obtain permanent residency in the U.S.  Similar to L-1A status requirements, the applicant, during the three years preceding the application, must have been employed for at least one year of the last three by the same multinational firm or other business entity (affiliate, parent, subsidiary, or branch of the U.S. employer) that seeks to employ them in the United States. Furthermore, the applicant must seek to continue rendering services to the same employer in a managerial or executive capacity.  A significant number of EB-1(C) applicants transition to the permanent resident classification from the L-1 nonimmigrant category as the nonimmigrant classification allows dual intent.

The EB-1(C) like the other EB-1 categories, is current for visa processing, meaning qualifying applicants are typically processed much faster than other employment-based categories. In such cases, the immigrant visa petition can typically be submitted concurrently with the Green Card application, if the applicant is in the U.S.  Qualifying as a Manager or Executive for purposes of the EB-1(C) category entails the following:

A Manager: is an individual that manages either the entire company, or an entire department, subdivision or component. A manager is typically not a front-line supervisor, but rather someone that supervises and controls the work of other professional or managerial employees. A manager can also manage an essential function of the company and be authorized to make critical decisions concerning the day-to-day operations of his or her unit of subordination.

An Executive: is an individual who, as a part of their job: 1) Receives only general supervision or directives from high-level executives, directors or shareholders; 2) possesses extensive discretionary decision-making authority; 3) directs the management of the organization or a significant component of it; and 4) sets the goals or policies of the organization or one of its parts.

Contact our law firm for a detailed evaluation of eligibility.  In certain cases, an analysis of other possible options, including:  L-1. E-2. H-1B and Labor Certification immigration procedures will provide useful options for employers and multinational executives and managers.

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