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EB-1 Visa: Multinational Executive or Manager
EB-1 Visa Attorney in Eatontown, New Jersey
As the petitioner,
- Both the foreign employer and the petitioning U.S. employer must have a qualifying relationship. The petitioning employer must be an affiliate, parent, or subsidiary of the foreign employer’s company or other legal entity.
- The U.S. employer must have been in business for at least one year.
As a beneficiary,
- One must have worked outside the country for at least one year in the three years before the petition.
- A permanent work offer in the United States is required. The job must be in an executive or managerial capacity.
Definition of manager and executiveA manager does the following:
- Is in charge of managing the organization or a specific department, division, function, or even a component;
- Can supervise and manage the work of other supervisory, professional, or management staff;
- Works at a senior level and has the authority to employ and fire subordinates;
- Has the power to make decisions on the day-to-day operations of the organization’s activities or functions that the manager oversees.
- Can direct the management or a significant part or operation of the organization;
- Is capable of establishing the organization, component, or function goals and policies;
- Is granted autonomy or discretionary power in decision-making;
- Only receives orders or general supervision from higher-level executives (e.g., board of directions, stockholders)
Step 1: Your petitioning U.S. employer files the l-140Your U.S. employers must file Form l-140 to the USCIS to begin your visa application. Essentially, this form proves you are eligible and can satisfy all of the requirements for the specified immigrant visa. In addition, the immigrant petition document includes a section for you to mention your spouse and children. Even if your spouse and children do not intend for family immigration, you must list them. Later on, that will come in handy if a family member decides to immigrate. If they are not listed, you will most likely have difficulty convincing the USCIS that they are indeed a member of your family. After your petitioner has completed the form and obtained all required supporting documents, the petitioner may now send the form to USCIS. Please keep in mind that if you are in the United States on a valid nonimmigrant visa, you can file your card application, Form I-485, simultaneously with your employer’s visa petition. Once the petition has been submitted to the USCIS, your employer should receive a written confirmation (with a case number) within a few weeks that the papers are being processed. Furthermore, if the USCIS requires additional information, they will send your employer a request for evidence (RFE). If this occurs, your employer must comply with the request and return it to the USCIS. After your petition is approved, USCIS will send you a Notice of Action (on Form I-797). Inside the notice is your ‘priority date’ that will help determine if it is your time for a visa.
Step 2: Wait for a Visa Number to be available.Due to yearly visa limitations, there is a risk that you will have to wait in line to obtain a visa number. Remember that you will not be able to get a green card until you have a visa number. So you must constantly check your place in line at the U.S. State Department’s Visa Bulletin using the ‘priority date’ given to you.
Step 3: File your Green Card ApplicationYou can now submit for your green card (permanent residence) after the approval of your I-140 and when your priority date has become current. You must first identify where you must file your application.
Local U.S. Consulate (Consular Processing)If you live outside the United States, you must apply at your local U.S. Consulate in your country. If you are going through consular processing (applying at the U.S. Consulate), the Consulate will conduct the visa interview there before entering the United States with your visa.
Inside the United States (Adjustment of Status)If you are inside the United States, you will have to file for an Adjustment of Status (Form I-485). In adjusting your status, you’ll have to gather essential documents to attach to Form I-485 (for a list of required documents, visit https://www.uscis.gov/i-485). After you’ve acquired all of the necessary documents, you’ll need to mail the visa pockets to the USCIS. Once sent, another waiting game begins. It will most likely take a few weeks before you hear from them, but you must go to the USCIS office to get your fingerprints taken once contacted. However, the adjustment process does not end there. You’ll have to wait weeks or months to get a final green card interview at a local USCIS office. But, the USCIS may waive the interview and rely only on the documents you have supplied. If you have difficulty with the adjustment procedure, you may contact our green card attorney for legal assistance.
Step 4: Enter the United States with your visa.The last step applies to those who applied through consular processing. You can now enter the United States after receiving the visa packet from the Consulate office. However, there are a few things you should be aware of:
- Review the immigrant visa on a page in your passport if there is incorrect information.
- Don’t open the visa packet. Only border officers are permitted to do so.
- You must pay the USCIS Immigrant Fee.
- As much as possible, you must enter the United States within 6 months of your interview. Or, as soon as possible before your medical examination results expire.
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