U.S. Department of Labor – Labor Certification
by Admin
Posted on 12-09-2023 02:25 PM
By george c. Maxwell*
1. What is an eb-1 executive or manager permanent resident petition?
an eb-1 executive or manager petition can be a useful option for foreign executives or managers seeking permanent residence status in the u. S.
The eb-1 executive or manager petitions are for executive or managerial employees who will work in the u. S.
For an employer that is legally affiliated with a company the employee has worked for outside of the united states. 2. When would an employer use an eb-1 executive or manager petition?
the eb-1 executive or manager permanent resident category is appropriate for many situations where an employer wants to transfer an offshore executive or manager to a u.
Congress has made green cards easily available for certain business people, professors and researchers, and people with special talents. These people are called priority workers. Foreign persons qualifying in this category don't need to acquire a labor certification.
Regardless of which subcategory the worker is in, the employer may have been able to skip the labor certification part of the process if the job is one of those listed on "schedule a. " if so, documents to add to the i-140 petition include: an original and one copy of application for permanent employment certification (form eta-9089) , including a prevailing wage determination from the swa. The form need not be certified, but must be signed by an authorized official of the petitioning company. Evidence of compliance with the posting/union notification requirements, including a copy of the posted notice and of any in-house postings via electronic or other media.
Third preference petitions must generally be accompanied by an approved, individual labor certification from the department of labor on form eta-9089. In some cases, the petition may be submitted to u. S. Citizenship and immigration service (uscis) with an uncertified eta-9089 for consideration as schedule a, group i. For more information on schedule a, group i, read our policy in volume 6, part e, chapter 7, of the uscis policy manual. For more information, see the department of labor: foreign labor certification page.
Family of EB-3 Visa Holders
The u. S immigration visa does not only cater to family and immediate relatives, it also grants visas to people who are certified to work in the u. S. The employment sponsored visas would allow foreign employee/worker to work without an employment authorization document, as long as they already have an employer that hired them to work and relocate to the u. S permanently.
There are 5 types of employment visas and each type is designated with the letter e:
eb-1 visa is the visa type for first priority workers. It is for highly capable people with
extraordinary
talent in arts, athletics, business or education, outstanding university professor or researchers and as well as executive or managers that are employed for 3 years in an overseas branch of a u.
The eb-1-c immigrant visa category awards green cards to individuals who have been employed abroad by a qualifying entity and who are transferred to a u. S. Entity in a managerial or executive capacity on a permanent basis. While it does require a u. S. -based employer (a petitioner), it is a method frequently utilized by entrepreneurs around the world. For those individuals who qualify, the eb-1-c green card provides a relatively straightforward path to a green card in a preference category that historically has no quota backlogs. As discussed further below, many executives and managers also utilize the l-1a nonimmigrant visa to enter the u.
The eb-1c allows executives and managers at multinational companies to transfer to a u. S. Office permanently. The eb-1c is a common path for l-1a visa holders, but foreign nationals without a u. S. Visa also often qualify by meeting the requirements. Uscis recently introduced premium processing for eb-1cs, which speeds up the overall eb-1c process. Unlike the eb-1a and eb-1c, the requirements for the eb-1c are not very flexible. Instead of meeting a selection of criteria, the eb-1c has very specific requirements for applicants (and their employers). To qualify, you must have worked as an executive or manager in your company's foreign subsidiary for at least one year in the past three years, and you must have an offer for an executive or managerial role with the same company in the u.
Criteria Per Green Card
At a glance: the eb-1c visa is a preference-based employment visa in the united states, specifically for managers or executives who work for a company with ties to the us. The employer must meet certain qualifications, such as having conducted business in the us for at least one year and intending to appoint the employee to a managerial or executive position. The employee must have worked outside the us for at least one of the past three years or obtained the most recent non-immigrant admission. Specific documents are required to prove eligibility. The process for obtaining a green card under eb-1c can be done through adjustment of status or through the us consulate.
In obtaining an eb1a green card, two of the principal costs are form filing fees and lawyer fees. For the various eb1a green card-related forms described above, the current filing fees are: form i-140 – $700; form i-485(if adjustment of status applies) – $1,140, plus an $85 biometrics services fee for persons between 14 and 78 years of age; form ds-260 and immigrant visa fee (if consular processing applies) – $345 and $220; and form i-907 (if premium processing is sought) – $2,500. As qualifying for an eb1a green card can involve complex issues, it is not recommended that immigrants attempt to obtain an eb1a green card by themselves.