19 Sep 2016

Permanent Residency Options For Multinational Executives And Managers (EB-1C)

The EB-1C Immigrant Visa belongs to the First Preference visa category. It is an excellent avenue for multinational companies to expand operations into the US as it allows senior level managers and executives, with direct company experience to enter the US and pursue permanent residence here.

Basic Eligibility: The basic requirements that must be met prior to pursuing this option are that the Individual must have been employed as either an executive or manager by a qualified company for a period of one year within the last three years immediately preceeding the date of the application

A qualified “executive” must be an individual who directly manages the organization or a major part of it; has extensive decision-making authority, and supervises other employees while receiving only general supervision or direction from upper management.

A qualified “manager” is an individual who manages at least a subdivision of an organization, and supervises and controls the work of other supervisory/professional/managerial employees, or manages an essential function of the business. Furthermore, a manager must have authority to employ and terminate those who are supervised or at least work at a senior level in the organization.

A “qualified organization” is an entity if it is either a US affiliate, parent or subsidiary of a foreign business entity. The terms “affiliate,” “parent,” and “subsidiary” are defined by immigration regulations.

Benefits of EB-1(C)

Shorter Processing Time: The EB-1(C) visa provides the applicant Permanent Residence within the United States. There are no formal quotas for these types of applications; hence, the wait time for Permanent Residence via this option is a considerably shorter wait than is true for the EB-2 or EB-2 visa categories.

No Labor Certification Required: Unlike the PERM process that requires employers to complete an often arduous task of advertising the available position, conducting good faith recruitment and then waiting the normal 4-6 month processing time in order to receive certification on an LCA, the EB-1(C) does NOT require Labor Certification as a part of the process.

How We Can Help: We know that demonstrating that an applicant meets the requirements of the EB-1C visa is a potentially overwhelming task. However, by working with a law firm like ours that has experience handling these types of applications and cases, you can rest assured that your application is in the hands of professionals who know how to help you achieve your goal of living and working in the U.S.

Please do not hesitate to contact us to find out what we can do to help.  Call (206) 623-3352

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