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Managers or executives of multinational companies come under the Employment -based immigration category of EB-1(EB-1C) or first preference category along with “people of extraordinary ability” and “outstanding Professors/researchers”.
For multinational managers or executives to be eligible for entry into the U.S. for permanent employment and get green card they should have been employed with the same MNC outside the U.S. for at least one year in the last 3 years prior to applying for the green card.
The petitioning employer must be the U.S. affiliate or subsidiary or branch of the MNC. The MNC should meet the turnover, HR and infrastructure criteria laid down by the USCIS for a company to hire a foreign national as manager or executive.
His post in the company must be one of fair amount of authority and decision making to prove that he himself and not any suitable U.S. citizen is needed for the job.
He should be manager of a corporation or a high profile company with fair amount of international presence; or its department, subdivision etc.
Main feature of EB-1 visa is that it doesn’t require the mandatory labor certification.
A person can’t make a self-petition for this visa.
The petitioning company needs to present all official details regarding the employment of the manager/executive.
EB1 green card holders are those who have earlier qualified for L-1 visa for intra-company transfers.
In many cases you may need to give appropriate additional evidence to determine your managerial or executive capabilities.
EB-1C green card category is seen as a smart alternative to EB-5 or other investment visas and green cards like E-1 and E-2 by intelligent investors as investing in a petitioning company to promote his green card under EB-1C can be much economical compared to the substantial investment required in other methods. But due to this aspect if you have substantial shares in a petitioning MNC under EB-1C, your green card application would be subject to great scrutiny and assessment.