Friday, October 2, 2015

EB1-C: Green Card for Entreprenuers

A lot of people are very familiar with the visa type L1. Many international companies set up subsidiaries in U.S to obtain L1. Actually, the real winner behind L1 is EB1 immigration visa, i.e, green card. There are three sub-categories of EB1: EB1-A, for foreign nationals who either have "extraordinary abilities", EB1-B, for outstanding professors or researchers, and EB1-C, for some executives and managers of foreign companies who are transferred to the US”. 

We will talk about EB1-C here. In a nutshell, those executives or managers of foreign companies who are transferred to the U.S and who 1) have been employed, during the last three years, for at least one year outside of the US 2)  in a managerial position in the same company that is going to employ them in the US or in a related company can apply. Of course there are other requirements such as: 

1) The petitioning employer must be a U.S. employer.
2) The employer must have been doing business for at least 1 year, as an affiliate, a subsidiary, or as the same corporation that employed the beneficiary abroad.[1]
3) The beneficiary must be employed in a managerial or executive position.

Of course, as all other immigration petition or application, none of these standards can be met by simply stating so. Petitioner must bear the burden of prove, specifically, the petitioner must provide preponderant evidence to prove each claim they make. For instance, immigration law gives managerial position a very stringent position, a company cannot satisfy the requirement by calling a person manager or director, etc. Substantial paperwork is called for to prove the beneficiary is indeed a manager or executive to the satisfaction of adjudicators.