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Can
A Single-person Office Apply for the Green Card as the EB1
Multinational Manager? |
| Hi
William, We want to open a new office in United States with only one person at the beginning. In this situation, can the person apply for the Green Card with the EB1 multinational manager or executive petition? Answer, For EB1 multinational manager or executive petition, a single-person office is not precluded from being classified as a multinational manager or executive, provided the requisite corporate affiliation exists and all other requirements are met. However, it may be very difficult for a petitioner to establish that the sole employee will be engaged primarily in a managerial or executive function. While a sole employee may have some managerial or executive duties, simply to keep the business running, he or she will normally be spending the majority of his or her work time doing the day-to-day work of the business, that is performing the type of duties that persons who would normally be employed in the business in question would perform. For EB1 multinational manager or executive petition, USCIS will consider the totality of the record, including the nature and scope of the petitioner’s business and organizational structure, staffing levels, the beneficiary’s position and scope of authority, the work performed by other employees and whether it relieves the beneficiary from performing operational and administrative duties, and the reasonable needs of the organization as a whole. |
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