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EB1C Petition Beneficiary Must Be Employed Abroad in a Managerial or Executive Position |
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William, I am in L-1B visa for almost 2 years. With newly promotion to a division manager, I can apply for U.S. Green Card in the category of EB1-Multinational Executive or Manager? Answer, For EB1-Multinational Executive or Manager petition ( EB1C), the petitioner must establish that the beneficiary was employed abroad in a qualifying managerial or executive position for at least one out of the three years prior to his entry to the United States as a nonimmigrant to work for the same employer. This includes having the authority to manage other employees, exercise discretion in the day-to-day operations of their function, and often possessing the ability to hire and fire. The requirements for the foreign employment include one year of qualifying employment abroad within the three-year period before filing the petition. The managerial capacity Involves managing an essential function or department, supervising and controlling the work of other employees, and having the authority to hire and fire. The executive capacity involves broader decision-making authority, overseeing a major part of the organization, and exercising significant discretion. The foreign employer and the U.S. employer must have a qualifying relationship (parent, subsidiary, or affiliate). The time spent in the U.S., even if for business purposes related to the foreign employer, does not count towards the one-year foreign employment requirement. For a EB1C application case, a detailed description of job duties is the key to determine the true nature of the employment. Without the necessary information, USCIS cannot conclude that the beneficiary was employed abroad in a qualifying managerial or executive capacity. |
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