Multinational Manager or Executive Visas
The EB-1C Visa: Multinational Managers or Executives
The EB-1C program allows certain multinational executives and managers, as well as certain foreign investors, to obtain their Green Card status through a special “fast-track” adjudication process that may cut normal waiting times in half.
Typically, this Green Card program is utilized by executives and managers holding L-1a or E-2 status in the United States, but the program is not restricted exclusively to this class. And not only is the processing times for this special program fast, but the government has also eliminated the burdensome requirements of labor marketing testing, recruitment and newspaper ads – these are simply not needed in the EB-1C program. The benefits of qualifying under this option are many.
Baurkot & Baurkrot regularly helps multinational executives, managers and investors, as well as international companies, prepare and file immigrant petitions under the EB-1C program.
To be considered for the EB-1C program, the executive, manager or investor must satisfy a multipart test:
Qualifying Business Relationship
First, there must be a qualifying ownership relationship between a United States company AND an overseas office or company. Qualifying relationships include a branch office, a subsidiary, or an affiliate. The key requirement is that one entity, either the U.S. or the foreign entity, must own at least 51% of the other, or maintain direct control over the other.
The rules that determine if a qualifying international corporate relationship exists under the EB-1C program are very complex, especially when applied to holding companies and joint ventures.
Assuming a qualifying relationship exists, we need to next examine the past and present employment of the applicant. It is important to understand that not every job qualifies for EB-1C consideration. Under the program, the alien must have worked in a qualifying management or executive position in the overseas company for at least one year AND he or she must demonstrate they will work in a qualifying management or executive position in the United States company.
In fact, this program has very specific rules and definitions that need to be carefully applied to determine if a position qualifies for EB-1C classification. Many petitions filed under this program are denied by the government because the past and present employment does not qualify.
In addition to examining the corporate relationships and the past and present positions, the EB-1C program also closely examines credentials of the alien applicant. In general, the applicant is expected to document the requisite education and training expected of a multi-national manager, executive or investor.
Call Baurkot & Baurkot at (888) 440-4-USA for more information.