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Managers and executives employed by a multinational company can apply for permanent residency in the U.S. under the EB-1-3 multinational manager category. Its requirements are similar to the temporary L-1A visa category, and while most EB-1 applicants are currently in the U.S. in L-1 status, it is not required. General requirements for EB-1 Multinational Manager eligibility are:
- Within the last three years immediately preceding the EB-1 petition or their L-1 entry to the U.S., the foreign worker was employed abroad by the company for at least one continuous year;
- The foreign worker will continue providing services to this same employer or a parent, branch, subsidiary or affiliate;
- The foreign worker’s position abroad was executive or managerial;
- The foreign worker is coming to the U.S. to fill an executive or managerial position; and
- The prospective U.S. employer has been doing business for at least one year.
EB-1 petitions do not require PERM labor certification from the U.S. Department of Labor and are filed on Form I-140 with the USCIS. Frequently, foreign workers applying for EB-1 status are eligible to file their personal application for a green card (I-485) concurrently with the I-140.
To speak with an immigration attorney about EB-1 visas for “multinational managers”contact Grossman Young & Hammond.