The EB1c Employment Based Green Card allows managers and executives to transition from a foreign country to an affiliated US organization. Securing an EB1c Employment Based Green Card allows international employees to obtain a green card for themselves and their spouse and unmarried offspring under age 21. Since conditions are in place, it's essential to consult with a US immigration attorney to determine the best immigration route for you.
Our devoted Immigration team is committed to assisting and advocating for you. First, we must learn and understand the specifics of your unique situation. By collaborating with our legal firm, you'll gain access to an experienced, cost-effective team with a wealth of knowledge in immigration law. We provide consultations to guide you in determining the appropriate steps moving forward.
What Are The Benefits Of An EB1c Employment Based Green Card?
There are many benefits of an EB1c Employment Based Green Card if you are a manager or executive working at a foreign company and seeking to transfer to a related US company. Here are some of the benefits:
No Labor Certification Required: US companies may forgo the Labor Certification process and directly hire a foreign manager or executive through a job offer.
May Include Family Members: EB1c Employment Based Green Cards grant approved recipients the ability to secure green cards for themselves and qualifying family members, encompassing spouses and unmarried children below age 21. Possessing a green card enables individuals to move freely within the US and journey to and from the nation. Green card holders can seek employment and attend schools within the United States.
Employer Mostly Handles The Process: The worker or employee immigration prospect has limited responsibility under the EB1c. The sponsoring employer must compile and submit most of the documentation and pay all necessary filing fees.
No Conditional Residency: Unlike other types of visas, which include a conditional period, the EB1c Employment Based Green Card is considered unconditional once permanent residency is established.
Requirements To Apply For An EB1c Employment Based Green Card
There are five primary EB1c criteria required to acquire a Employment Based Green Card within this classification successfully.
Qualifying Relationship: When an organization intends to utilize an EB1c Employment Based Green Card for relocating a qualified worker from an overseas employer to a U.S.-based one, a relationship between the employers is mandatory. This relationship can be a parent-subsidiary, branch office, or affiliate association and must be established when filing the EB1c petition. It is important to highlight that the US employer — the EB1c applicant — cannot operate as a sole proprietorship.
1-Year Work Duration Requirement: The employee who is the EB1c beneficiary must have been employed with the foreign company for a minimum of one continuous year within the three-year timeframe leading up to the EB1c petition submission. This requirement is applicable regardless of whether the employee is presently engaged with the US or a foreign entity.
Must-Have Worked As A Manager or Executive: There are specific requirements connected to the individual’s role while working for a foreign company. Generally speaking, the person must have primarily served in a managerial or executive capacity. Merely being a hands-on supervisor may not suffice. Instead, the employee ought to have acted as a high-level executive with considerable autonomy in decision-making; overseen professionals (fellow employees holding at least a bachelor’s degree); or functioned as a key manager accountable for a crucial function, department, or element within the organization; all while exercising discernment over the company’s operations.
Full-Time Job Offer Requirement: EB1c candidates must also demonstrate that they have secured a full-time employment opportunity with the US firm, where they will continue to operate in an executive or managerial capacity.
US Company Time As A Business Requirement: The US company petitioning for the EB1c Employment Based Green Card should have been actively engaged in business operations within the US for at least one year before applying.
If a US organization applying for an EB1c Employment Based Green Card cannot satisfy all five prerequisites, alternative immigrant visa initiatives are available for consideration.
The Process of Applying For An EB1c Employment Based Green Card
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