EB-1(c) for Multinational Executives
Posted on October 10, 2007 by Warren Wen | Category: Immigration
Q&A: How Does Multinational Executive Immigrate to the U.S.?
Ms. Chen asked:
Ms. Chen: I am a chief executive of the Korean branch of a US consulting company. I’ve been working here for around 10 years. At the present time, I am in the US for a business trip with a B1 visa. I may be transferred to the US parent company to work. I heard that US immigration law has a category for multinational executives to immigrate to the United States, so I want to know whether I am qualified for this category or not. If I am qualified, what kind of documents do I need to prepare?
Just as you mentioned in the question, US immigration law did design the EB-1-C subcategory for multinational executives and managers. Like other EB-1 subcategories, EB-1-C is exempt from the time-consuming and nerve-wreaking Labor Certification process. For people who are familiar with the L1 visa, the requirements and process for EB-1C applicants is very similar to that of L1 applicants.
For the employer requirements, the INA requires that the petitioner must be a US employer that is an affiliate, a subsidiary, or the same employer as the firm, corporation, or other legal entity that employed the alien abroad, and it also requires that the US employer must have been doing business in the US for at least one year. In your situation, you are working in the Korean branch of a US consulting company and you’ve been working there for more than ten years, so that your employer is qualified for EB-1-C.
For the beneficiary, the EB-1-C requires that the beneficiary has been employed outside the US in a managerial or executive capacity for at least one of the three years immediately preceding the filing of the petition. In your situation, you’ve been working for around ten years in the Korean branch of the U.S. company and you’re the chief executive now, so you’re qualified. You mentioned that the US parent company would like to transfer you to the US, so EB-1-C may be a good choice for your road to getting a green card if your US employer would like to sponsor you.
Once you’re qualified, you may need to prepare three kinds of materials: documents from your present foreign employer, documents for the US employer and documents for yourself. Below are the lists of documents.
The following are needed for companies overseas:
- Documents of incorporation, such as incorporation documents, business licenses etc…;
- Organizational chart of the company (structure and major departments of the corporation);
- Information of the employees;
- Financial report of the most recent year (Balance sheet, tax return etc.);
- Information about the company (introduction of company, introduction of products. etc.);
- Other reports of the corporation.
The following are needed for companies in the US:
- Incorporation documents, such as articles of incorporation, business licenses, etc…;
- Organizational chart of the company ;
- Business plan for the company which includes the long-term plan, short-term plan, employees planned to hire and description of title, responsibility of the positions;
- Tax return for most recent years.
The following are needed for applicants (beneficiary):
- Certificate of diploma or degree;
- Employer sponsoring letter regarding the company plan and the plan for the applicant;
- Certificate of applicant’s working experience in the company;
- Other supporting documents.
Generally speaking, EB-1-C is one of the best choices for executives and managers of the multinational. Once your US employer decides to transfer you to the US, you may try to file EB-1-C petition, which will benefit your green card application.
This article is only for your reference. Please do not apply mechanically to any exact cases. You are welcome to consult our attorneys at Liu & Associates, P.C. For contact information, please click here.