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EB-1c

The EB-1c immigration visa is available for certain executives and managers of international companies who can show that they served for at least one year in another country in an executive or managerial position with the parent, subsidiary,, or affiliated company of an US company.

Unlike the other two subcategories under employment based visa, process for EB-1c requires the alien to have a permanent job offer from the US company to work as an executive or managerial position.

Requirements of this category are very high for both the employee and for the company and the job offer.

Requirements and Qualifications:

To qualify for EB-1c process, the multinational transferring company has to meet the following set of requirements:

1.        The company has to be multinational, i.e. the group should have offices in at least two different countries.

2.        The two companies of the group have to be affiliated, e.g. parent company, subsidiary, branch office and/or affiliate.

3.        The U.S. company has to have been verifiably in business for at least one year, i.e. the regulations do not allow an executive or manager to immigrate on the basis of a new office in the US

4.        The US employer has to demonstrate that he is able to pay the future employee's salary. If a company has more than 100 employees, a simple statement by a worker form the finance department confirming that the employer has the sufficient financial means will be enough.

As mentioned before, strict requirements not only apply to the company, but also to the employee who is going to receive the green card.

Beneficiary must show that: He or she was employed by a company affiliated with his or her current U.S. employer as a manager or executive outside the U.S. for at least one year out of the three years before he or she transfers to the United States

An executive is someone who:

1.        Directs the management of the organization; or directs a major component or function of the organization.

2.        Establishes the goals and policies of the organization, component or function;

3.        Exercises wide latitude of discretion in decision-making; and,

4.        Receives only general supervision from higher level executives, the board of directors or directly from stockholders.

A manager is someone who:

1.        Manages an organization, department, subdivision, function or component of the organization;

2.        Supervises and controls the work of other supervisory, professional or managerial employees, or manages an essential function;

3.        Has the authority to hire and fire or recommend such actions.

4.        Must be employed at a senior level within the organizational hierarchy or with respect to the function managed; and

5.        Exercises direction over the day-to-day operations of the activity or function.

Process of Application:

The petition for EB-1a visa is filed using the Form I-140 Immigrant Petition for Alien Worker. While it is not required a job offer or a Labor Certification, the application process should not be underestimated. This petition and supporting documents are filed directly with the appropriate Service Center of the USCIS. You do not have to file anything with the Department of Labor.  You may also file your permanent residency application at the same time as your I-140 Petition, and receive work and travel authorization. The applicants must also submit extensive documentations to demonstrate their "extraordinary ability", which discussed above.

After approval by USCIS, the applicant will be issued the green card in the so-called Consular Processing. This is also a very complex process.

Moreover, the applicant has the option to apply for "adjustment of status" in the US, if he or she already has a valid non-immigrant status.

 目前胡德翰律师楼是全美唯一设有广州办公室的专业移民律师楼,也是唯一能够提供从美国境内移民局的申请,到国家签证中心,到广州美领馆面谈培训的全程一站式服务的专业美国律师楼。

                                              

美国执业大律师:胡德翰 律师(John D. Hu, Esq.)美国胡德翰律师楼

 http://www.hoolaw.com/              

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