Seasoned business managers or executives can easily migrate to the united states to continue their trade under the Employment Based First Preference Visa, EB1-C. Many managers and executives who qualify under this category are not aware of this opportunity, consequently are not taking this cheap advantage because the term “multinational” makes them erroneously believe that a company must worth billions or millions of dollars to qualify as a multinational company. Alas! This is not the case.
Criteria for Determining if an Entity is a Multinational Company
The term multinational does not mean that the company must be worth millions or billions of dollars to qualify under this category as the USCIS has no specific requirement regarding the size, capacity or gross business volume of the company. What the term simply means is that the company is a legal business entity in the United States and also has business operation in two or more other foreign countries either directly or through its affiliate or subsidiary. Therefore, a business entity incorporated in the United States and 2 other countries that is worth just some thousands of dollars qualifies as a multinational company capable of filing a petition for its manager or executive to migrate to the United States to oversee its business.
Requirements for Petitioning for Manager or Executive of Certain Multinational Companies
- The company must have been conducting business in the United States for at least one year prior to filing the petition for its foreign manager or executive. It is worthy of note that there is no requirement that the foreign company must have been an affiliate or subsidiary of US company for more than one year. Only the US company has to be in operation for at least one year. Therefore, a US company can immediately petition for manager of its newly acquired subsidiary or affiliate outside the United States upon acquisition of the foreign corporation.
- The company must be a registered legal entity in the United States and 2 or more countries.
- The petitioning company must establish that the manager or executive has been employed by its foreign subsidiary or corporation at least 1 year within the 3 years preceding the petition for the beneficiary. If the manager or executive is already in the United States on a non-immigrant visa, he must have been working with the company or its subsidiary at least 1 year within the 3 years preceding the petition. The beneficiary must continue working for the company in a managerial or executive position.
- The US company need to file Form I-140, Petition for Alien Worker, for the beneficiary (the manager/executive). The petitioning company must be the same employer of the beneficiary in the foreign country or an affiliate of the company or subsidiary.
- Labor certification is not required under this category.
Important Steps to be Taken by the Petitioning Company
The US company must file along with Form I-140, a statement affirming all the above stated requirements, the job description of the manager or executive in the United States, the job description of the manager/executive in the foreign company, the period of employment of the manager/executive in the foreign company, the relationship between the US company and foreign Company and the period in which the US company has been conducting business in the United States. In addition, the petitioning company must demonstrate a continuing ability to pay the manager/executive the offered wage as of the priority date of the petition. This can be established by filing with the petition the current annual report, federal income tax return, or audited financial statement of the corporation.
Who can migrate with you?
- If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-14 or E-15 immigrant status, respectively.
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