L-1 Visas/Permanent Residency (Green Card) for Multinational Managers and Exectutives-Qualifications, Requirements and Application Procedure
L-1 Visa Option:
Some executives and managers of foreign companies who are transferred to the U.S. may qualify. A multinational manager or executive is eligible for priority worker status if he or she has been employed outside the U.S. in the three years preceding the petition for at least one year by a firm or corporation and seeks to enter the U.S. to continue service to that firm or organization. The employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.
The petitioner must be a U.S. employer, doing business for at least one year, that is an affiliate, a subsidiary, or the same employer as the firm, corporation, or other legal entity that employed the foreign national abroad.
Green Card/Permanent Residency For L-1s, Managers and Executives
Multinational Executives and Managers may qualify for permanent residency without having to first obtain labor certification. This process is beneficial for L-1 visa holders because it removes the costly and lengthy delays associated with the labor certification process. It also avoids the risk of denial that accompanies labor certification applications.
Qualifying aliens may file under EB-1(c) if the meet the following criteria:
- Must have been employed abroad for one year (in last 3 years) by the firm, its subsidiary or affiliate;
- Must seek to enter or remain in the U.S. to continue to render services to the same employer or its subsidiary or affiliate;
- Must have a job offer from the U.S. employer, or its subsidiary or affiliate;
- Must be employed in an executive or managerial capacity (L-1s employed in other capacities do not qualify and must seek labor certification.
Applicants need to submit evidence of the following as part of the application: Statement from the U.S. employer describing the employee's employment with the company in one of the past 3 years and the relationship between the U.S. entity and the foreign one; evidence that the position is executive or managerial in nature - must manage and supervise organization, department or function; evidence that the corporation is active and not merely a shelf corporation.