EB-1 Visa: Multinational Executive or Manager

Do you have a job offer from a U.S. employer for an executive or management capacity position? If so, then it’s your lucky day because if you are an employed executive or manager abroad and there is a job offer here in the US, you may be eligible for a green card. If you want to take advantage of this opportunity, then grab it with the assistance and legal advice of a New Jersey Immigration lawyer.

A fiancé visa (also known as a K-1) will get you legally into the U.S. in order to marry your intended spouse. A fiancé visa (Form I-129f) is valid for six months. After you enter U.S., you must get married to your fiancée within 90 days. There is no legal way to extend the 90 days. After the marriage, you must apply to adjust to permanent resident status (Form I-485). This will give you a two-year conditional residence (green card). Two years later you will have to petition to remove the conditions on your green card (Form I-751). Three years after, you will receive your initial green card. You can file for U.S. citizenship through the naturalization process if you are still married to your U.S. citizen spouse (form N-400).

Under immigration laws, a person who is a multinational executive or manager (EB-1C) is offered a green card under the employment based immigration visa. It is classified under the employment first preference (EB-1), and is considered ‘priority workers.’

To be admitted to the EB-1C immigration visa, you must satisfy specific qualifications, just like any other immigrant visa. The requirements that you and your petitioning employer must fulfill are as follows:

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 executive

A 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.

On the other hand, an executive does the following:

• 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-140

Your 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 Application

You 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.

A border officer will open the sealed visa packet to check your visa paperwork at the border or any port of entry. Once the officer determines that your paperwork is in order, they will stamp your passport (I-551 stamp or ADIT). Remember that you will not receive your green card at the border. You’ll have to wait a few weeks until it arrives at your door.

Whatever your scenario, you will still have to go through the various processes and comply with the requirements. There can also be instances when you will be confused and stressed. But keep in mind that you should not have to do this alone. Allow our New Jersey immigration law firm to be your partner in your immigration journey.