1. What are the available green card options for multinational executives and managers?
The available green card options for multinational executives and managers are Employment-Based Immigration through the EB-1C category. This allows for a company to sponsor foreign nationals in an executive or managerial role in the United States. The EB-1C category has three subgroups:
1. Extraordinary Ability
2. Outstanding Researcher or Professor
3. Multinational Executive or Manager
In addition, the L-1A visa is also an option for multinational executives or managers. The L-1A visa is a nonimmigrant visa that is valid for up to seven years and allows for international transfers of executives and managers from foreign companies to U.S. based offices or subsidiaries.
2. How long does it take to receive a green card for multinational executives and managers?
It generally takes around 6-9 months to receive a green card for multinational executives and managers. This timeline can vary depending on the individual case.
3. What criteria must I meet to qualify for a green card as a multinational executive or manager?
The criteria to qualify for a green card as a multinational executive or manager are as follows:
1. The foreign national must have been employed outside of the United States for at least one year in the past three years.
2. The foreign national must be employed by a U.S. employer in a managerial or executive capacity.
3. The foreign national must be employed in an enterprise that has been in existence for at least one year prior to the filing of the green card petition.
4. The foreign national must be entering the United States in order to manage a business or subsidiary in the U.S., not to simply work for the company.
5. The foreign national must demonstrate that the U.S.-based business has or will benefit from his/her presence in the U.S.
6. The petitioning employer must also demonstrate that it has the ability to pay the employee’s salary as stated in the job offer and determined by prevailing wages for that position and region.
4. Is there a preference category for multinational executives and managers applying for a U.S. green card?
Yes, there is a preference category for multinational executives and managers applying for a U.S. green card. This category is known as the EB-1C visa, which is a type of green card that enables multinational executives and managers to live and work in the U.S. on a permanent basis. The requirements for the EB-1C visa include having been employed abroad for at least one year within the previous three years, being employed by a qualifying organization, and having been employed in an executive or managerial capacity in the U.S. for at least one year.
5. Are there any benefits to obtaining a green card as a multinational executive or manager?
Yes, obtaining a green card as a multinational executive or manager offers many benefits. These include the ability to remain in the U.S. permanently, receive employment authorization, collect certain government benefits, sponsor family members for immigration, and seek U.S. citizenship after meeting specific requirements. Additionally, green card holders have access to government benefits such as social security and Medicare, can open certain types of bank accounts, and can qualify for certain U.S. jobs that are not available to non-citizens.
6. What is the application process for obtaining a green card as a multinational executive or manager?
The application process for obtaining a green card as a multinational executive or manager involves filing Form I-140, Immigrant Petition for Alien Worker. After Form I-140 is approved, the applicant must either file for an Adjustment of Status (Form I-485) if they are already in the United States, or consular process (Form DS-260) through a US embassy or consulate abroad. Some applicants may also need to submit a Labor Certification Application (Form ETA 9089). Once an application is approved, the applicant will be contacted and can go through the remaining steps to obtain a green card.
7. Are there any restrictions on the type of work I can do while on a green card as an executive or manager?
The Immigration and Nationality Act (INA) places restrictions on the type of work that someone with green card status as an executive or manager may do. Generally, green card holders in this category must be employed in a managerial or executive capacity that would require at least one year of experience in the relevant field. The job must also be related to the individual’s area of expertise and must involve the exercise of discretion and independent judgment. Additionally, the executive or manager must receive a salary that is in line with industry standards for similar positions.
8. Can I travel outside of the U.S. while on a green card as an executive or manager?
Yes, you can travel outside of the U.S. while on a green card as an executive or manager. However, you must keep in mind that you must have a valid green card and be able to prove your lawful permanent resident (LPR) status when you return to the U.S. It’s also important to note that if you travel for more than 6 months, your green card may be considered abandoned and you may lose your status as an LPR.
9. How much does it cost to obtain a green card as an executive or manager?
The cost to obtain a green card as an executive or manager varies depending on the specific green card category. Fees for the I-140 Immigrant Petition for Alien Worker can range from $550 to $700, and additional fees may be required for biometrics, premium processing, and other processing services. The cost of filing the Form I-485 Application to Register Permanent Residence or Adjust Status can range from $1,140 to $1,870, depending on the applicant’s age.
10. What is the difference between an immigrant visa and a green card for an executive or manager?
An immigrant visa is the type of visa issued to individuals seeking to permanently live and work in the United States. A green card, formally known as a Permanent Resident Card, is a document issued by the United States Citizenship and Immigration Services (USCIS) that provides an individual with proof of their permanent resident status in the United States. For executives and managers, the green card allows them to travel in and out of the United States freely and extend their stay beyond the expiration of their immigrant visa.
11. How do I obtain an immigrant visa and a green card simultaneously for an executive or manager?
An executive or manager can obtain an immigrant visa and a green card simultaneously through the EB-1C visa, also known as the Multinational Executive or Manager Visa. This visa is for executives and managers who are being transferred from a foreign office of a U.S. corporation to an office in the United States. To qualify for this visa, the foreign employee must have been employed by a foreign company that has an affiliation with a U.S. company, such as a parent, subsidiary, or affiliate. The applicant must also have worked outside the United States for the foreign company in a managerial or executive capacity for at least one year out of the past three years. The U.S. company must show that it has been doing business for at least one year and that it will be employing the applicant in an executive or managerial capacity once they arrive in the United States.
12. Are there any special requirements for applying for a green card as an executive or manager?
Yes, there are. Certain criteria must be met in order to qualify for a green card as an executive or manager. These criteria include:
1. The individual must have been employed in a managerial or executive capacity outside the United States for at least one year within the three years preceding the application for a green card.
2. The individual must have been employed in a managerial or executive capacity by the same company, or an affiliate or subsidiary of the same company, during the three years preceding the application for a green card.
3. The employer must have been doing business outside of the United States for at least one year, and must intend to continue to do business in the United States after the individual obtains their green card.
4. The individual must be coming to the United States in order to fill a managerial or executive position with the same employer, an affiliate, or subsidiary of the same employer.
5. The individual must have the qualifications and experience necessary to fill this managerial or executive position and be able to perform the duties of this position.
13. Do I need to have my employer sponsor me in order to get a green card as an executive or manager?
Yes, employers must sponsor you for a green card as an executive or manager. The sponsoring employer must demonstrate that they have the ability to pay the wage offered to the alien worker and provide evidence that no minimally qualified U.S. worker is available for the position.
14. Are there any other ways to obtain permanent residence status in the U.S. besides filing for an immigrant visa or a green card as an executive or manager?
Yes, there are other ways to obtain permanent residence status in the U.S. These include obtaining an employment-based visa, obtaining a family-based visa, or obtaining a U.S. citizenship through naturalization. Additionally, certain individuals may be eligible for asylum or refugee status in the U.S.
15. How long is the validity period of my green card as an executive or manager?
The validity period of your green card as an executive or manager is ten years. After the expiration of the ten year period, you must reapply for a new card.
16. Is it possible to extend my stay in the U.S. after I have obtained my green card as an executive or manager?
Yes, it is possible to extend your stay in the U.S. after you have obtained your green card as an executive or manager. You may apply for an extension of stay if you need additional time to fulfill an assignment, to complete a project, or for other employment-related reasons.
17. Can I bring family members with me if I obtain a green card as an executive or manager?
Yes, you can. If you obtain a green card as an executive or manager, you can bring your immediate family members, such as your spouse and/or children, with you to the United States.
18. What documents do I need to prepare in order to apply for a green card as an executive or manager?
You will need to obtain a Labor Certification from the U.S. Department of Labor, submit Form I-140, Petition for Alien Worker, form I-485, Application to Register Permanent Residence or Adjust Status, evidence of your executive or managerial position and your qualifications, and additional supporting documents.
19. How can I check the status of my application for a green card as an executive or manager?
You can check the status of your application for a green card as an executive or manager online at the U.S. Citizenship and Immigration Services (USCIS) website, or by calling the USCIS National Customer Service Center at 1-800-375-5283. You will need to provide your application receipt number to check the status of your application.
20. Are there any other resources available to help me with my application for a green card as an executive or manager?
Yes. You can access resources from the U.S. Citizenship and Immigration Services (USCIS) website, including the Green Card for Executives and Managers webpage. Additionally, you may find helpful information on the websites of organizations such as the American Immigration Lawyers Association (AILA) and the National Immigration Law Center (NILC).