Multinational Managers & Executives

This category allows international companies to transfer qualified employees to the United States as permanent residence of the United States. The qualified employees must be executives or managers of a company that operates overseas and also has operations in the United States.

The EB-1 immigrant visa is available to a foreign national, who, within three years preceding the time of his or her application for admission into the United States, has been employed abroad in a managerial or executive capacity for one year by a firm, corporation, or other legal entity or parent, branch affiliate, or subsidiary thereof, and who seeks to enter the United States in order to render his or her services to a branch of the same employer or a parent, affiliate or a subsidiary thereof, in a capacity that is managerial, executive, and the spouse and minor children of any such alien if accompanying him.

The relationship between the foreign and U.S. entity is essential for issuance of the EB-1 visa.  The acceptable relationships are defined as parent, branch, subsidiary or affiliate, and the petitioner must be able to establish that the two entities share common ownership and control, which normally means 50 % or more common ownership.

The Petitioner must continue to do business in the United States and with the other country from which the individual was transferred.   If the foreign entity ceases to exist, the EB-1 automatically terminates.

The entity in the United States must have been “doing business for at least one-year prior to filing.

In order to be eligible for the EB-1 visa, the foreign employee must has been employed abroad  with the related organization for one continuous year within three years before the application for admission in either a manageial or executive capacity. The employee who transfers to the United States in one of these two categories must work primarily as a manager, executive.  The term “primarily” means 50 percent or more of the time.

 

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