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First Preference Employment-Based Immigrants - International Managers and Executivesby Gregory Siskind
Over the last few weeks, we’ve discussed two subcategories of the EB-1 employment green card category. The last group within the first employment-based immigration preference is reserved for multinational executives and managers. Because there is no need for a labor certification, this is a popular green card strategy for executives and has been of tremendous assistance for international business. While the petition must be filed by an employer, no labor certification is required. To qualify for immigration as an executive or manager, the alien must have worked for the petitioner for at least one year of the previous three. This does not need to have been completed in one stretch, but can be aggregated. This work must be in an executive or managerial capacity. Also, the alien must be coming to the US to work in an executive or managerial capacity. If the alien is already in the US, the required one year of employment in the past three will be determined by looking at the three years prior to the alien’s transfer to the US. The US business must have been established for at least one year before filing the petition.
The overall size of the organization is a factor in determining executive capacity. The larger the organization, the more reasonable it will be seen to require the international transfer.
If this category sounds familiar, it is because it is very similar to the L-1 nonimmigrant category. There are a few differences. EB-1s are only available to managers and executives, and not workers with specialized knowledge. Also, unlike L-1’s, the US branch of the business must have been in operation for one year before petitioning for an immigrant worker.
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