EB1(c) – Multinational Managers and Executives
by Admin
Posted on 13-09-2023 02:01 PM
Has uscis provided an update on premium processing for eb-1-3 multinational managers and executives.
At the aila conference in nashville, it was reported that it would be available by the end of the fiscal year.
Eb-1 visas are available for people who fall into the following categories¹: people of extraordinary ability outstanding professors and researchers certain multinational managers or executives if you are in the first group — people of extraordinary ability — you can self petition. This means you don’t need a job already lined up to get this visa. Other candidates will need to have a us based employer, but the process for the employer to petition for the candidate as an alien employee is abridged as no labor certification is needed. Here’s what you’ll need to do to show you fit into these eligibility categories:.
EB-1 Green Card Process and Timeline
The eb-1a is coveted for its relatively short processing period. In some cases, a visa may be available within as few as 15 working days. A person may submit an i-140 petition inside or outside of the u. S. A petition for a green card may be filed simultaneously, significantly reducing the amount of time it takes to achieve u. S. Residency status.
Extensive, documented evidence of petitioner’s solidity and recognition in national or international expert community scope is a must. The visa is not contingent upon having an offer of employment. However, the applicant must continue to be active in the field of the specialty after arrival in the u.
You may be eligible for an employment-based, first-preference visa if you are an alien of extraordinary ability, are an outstanding professor or researcher, or are a certain multinational executive or manager. A “visa” in this context means a green card or lawful permanent residence. Each occupational category has specific requirements that must be met. Obtaining a u. S. Green card under eb1 category is typically easier than doing so in any other employment-based visa categories. The reason is that the employer does not need to start by attempting to recruit u. S. Workers for the job and then seeking labor certification (confirmation that no such workers are available) on the employee’s behalf.
EB-1 Visa: Requirements, Petitions, and Process
Submitting health care worker certifications immigrant petitions: for immigrant petitions, there is a two-step process after obtaining a labor certification from the department of labor, if applicable (employers seeking to hire professional nurses or physical therapists apply for schedule a, group i certification by filing an uncertified labor certification and visa petition directly with uscis): step 1: generally, the form i-140, immigrant petition for alien worker , is first filed by an employer on behalf of the prospective noncitizen worker. In adjudicating the i-140 petition, uscis reviews all eligibility requirements. In addition to evaluating the petitioner’s continuing ability to pay the proffered wage, this review includes examination of the beneficiary’s qualifications (for example, education, experience, licensure, and/or training as set forth in the job opportunity’s requirements on the labor certification and the preference category and schedule a group i requirements as applicable).
Extraordinary ability (eb1 – first preference) self petition – no job offer required (legal basis – code section – 8 cfr 204. 5) summary: us immigration regulations set forth a special preference category for physicians and scientists who can demonstrate that they possess extraordinary abilities in a particular field. To have a reasonable chance of success in this category, you must have a substantial and documented record of achievements (see below). Our experience: during the last 10 years, we have prepared and filed more than 400 extraordinary ability eb1 immigrant petitions for our clients. Due to the high level of accomplishment and achievement necessary to qualify under this category, we are particularly careful about the cases that we accept for processing.
For the majority of foreign nationals, there are two main options for seeking a green card: family-based and employment-based. For individuals that do not have a u. S. Citizen or legal permanent resident immediate family member, family-based options are either impossible or come with a years-long wait. Employment-based options can be further categorized into two options: employer-sponsored and non-employer-sponsored (also referred to as self-petitions). Employer-sponsored options are the more common of the two; they include labor certification, which is applicable for all jobs, and outstanding researcher/professor (eb-1b) , which is applicable for tenure track or permanent faculty only. The only two employment-based immigrant visa categories in which a foreign national may self-petition are national interest waiver (eb-2) and extraordinary ability (eb-1).
Workers of extraordinary ability (eb-1a) outstanding university professors or researchers (eb-1b), and executives or managers of multinational companies being transferred to jobs in the u. S. (eb-1c) obtaining a u. S. Green card for a priority worker is typically easier than doing so in any of the other employment-based visa categories. The reason is that the employer does not need to start out by attempting to recruit u. S. Workers for the job and then seeking labor certification (confirmation that no such workers are available) on the employee's behalf. This process tends to take many months and involve staggering complexity. (for more information on labor certification, see procedures to sponsor a worker for a green card.