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Do
I Have to Have a Foriegn Employer to Apply for EB-1C Green Card? |
| Hi
William, I have a H-1B visa in United States. If I want to apply for Green Card in the EB-1C Multinational Executive or Manager category, do I have to have a foriegn employer to apply for EB-1C Green Card? Answer, In order for an alien to apply for U.S. Green Card in the category of EB-1C Multinational Executive or Manager, there must be a foriegn employer. The foreign employer may take the form of any business organization, such as a company limited by shares, a limited liability company, a partnership, a joint venture, or any other type of business entity. The company abroad may be the parent, subsidiary, branch or affiliate of the U.S. company. The alien beneficiary of an EB-1C immigrant petition must have been employed in the foreign company in a managerial or executive capacity for not less than one year in the three years immediately preceding the date the petition is submitted. The company abroad must actively engage in business operations and financially viable to support the petition. Materials submitted in petitions must substantiate that the two organizations, the U.S. employer and foreign entity, whether they are a parent, branch, subsidiary, or affiliate of the other, have common ownership and control to demonstrate that a manager or executive qualifies as an EB-1C beneficiary. Here, a contractual relationship, i.e. licensing or franchising, is often not sufficient to establish the corporate relationship required for an EB-1C Green Card application. Moreover, if one or both of the qualifying entities has undergone or will undergo some type of corporate reorganization, such as a merger or acquisition, then USCIS must be apprised so that it can determine whether a qualifying relationship between the entities exists or will exist. |
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