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EB1C-Priority Workers: Multinational Executive or Manager

Overview

    Employer-Required

    Labor certification-Not required

Some executives and managers of foreign companies who are transferred to the U.S. may qualify. A multinational manager or executive is eligible for priority worker status if he or she has been employed outside the U.S. in the three years preceding the petition for at least one year by a firm or corporation and seeks to enter the U. S. to continue service to that firm or organization. The employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.

The petitioner must be a U.S. employer, doing business for at least one year, that is an affiliate, a subsidiary, or the same employer as the firm, corporation or other legal entity that employed the foreign national abroad.


Requirements

A U.S. employer filing for a multinational executive or manager must file the petition with   a statement which demonstrates that:

A. If the worker is now employed outside the United States, that he or she has been employed outside the United States for at least one year in the past three years in an executive or managerial capacity by the petitioner or by its parent, branch, subsidiary or affiliate; or, if the worker is already employed in the United States, that he or she was employed outside the United States for at least one year in the three years preceding admission as a nonimmigrant in an executive or managerial capacity by the petitioner or by its parent, branch, subsidiary or affiliate;

B. The prospective employer in the United States is the same employer or a subsidiary or affiliate of the firm or corporation or other legal entity by which the alien was employed abroad;

C. The prospective United States employer has been doing business for at least one year; and

D. The alien is to be employed in the United States in a managerial or executive capacity. A description of the duties to be performed should be included.

 

Process

Permanent, full-time job offer;

A USCIS Form I-140 (Petition for Alien Worker) is required. All I-140 petitions must be filed at the USCIS Regional Service Center that has jurisdiction over the place where the individual will work. The petition packet must include the required documentary evidence and should follow the specific filing guidelines of the Service Center. No labor certification is needed for EB1C petitions.  


Fees
Please contact us for the current filling fees and our attorney fee.

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