If you’re a managerial or executive level professional seeking permanent residence in the US, an option exists in the employment-based green card first preference for those with willing sponsoring employers.
One of the three EB-1 categories is the EB-1C category reserved for “multinational executives and managers”, similar to the L-1A visa. Due to the fact that the L-1 visa, like the H-1B visa, is a “dual intent” visa status, an individual can enter the country to work on an L-1A and have the possibility to later apply for an EB-1 as a multinational executive and managerial level professional.
One major advantage to the EB-1 is that unlike other employment-based green card categories, the approval of a PERM Labor Certification Application is not a requirement.
Like the L-1A visa, individuals applying under the EB-1 category must be seeking to work in a managerial or executive capacity for a US entity related to their foreign employer (subsidiary or affiliate also qualifies).
To qualify, the foreign national must have been employed abroad for one year during the past three years by an entity related to the US entity (subsidiary or affiliate qualifies). If the individual has been in the United States in a non-immigrant status, such as the L-1 or H1B status for the past three years, then the “one of three year requirement” may be met by looking back to the period preceding his/her entry into the United States in a nonimmigrant status.
Employment in a Managerial Capacity includes an assignment with an organization in which the employee primarily: manages the organization, department, subdivision, function or component; supervises and controls the work of other professional or managerial employees or manages an essential function within the organization; has authority over personnel actions; and exercises discretion over day-to-day operations.
Employment in a Executive Capacity includes an assignment with an organization in which the employee primarily: directs the management of the organization or a major component or function; establishes goals and policies; exercises wide latitude in discretionary decision making; and receives only general supervision or direction from higher level executives, board of directors or stockholders.
The applicant must establish: (i) the sponsoring U.S. company maintains a qualifying relationship (parent, affiliate, subsidiary) with the beneficiary’s foreign employer; and (ii) the foreign corporation or other legal entity that employed the beneficiary will continue to exist and have a qualifying relationship with the petitioner at the time the immigrant petition is filed.
If the foreign entity stops operating prior to visa appointment the person is ineligible for status.
Furthermore, both the US and foreign company must be an active, operational business that requires an executive or manager.