EB-1C Manager & Executive Transfer
EB-1C is one of the several categories established by the United States Congress for attaining U.S. lawful Permanent Residence/Immigration status. This category is for immigrants who are eligible for permanent residence as an intra-company transferee and who are continuing their employment in the United States in a managerial or executive capacity. When an employer wishes to transfer an alien employee working abroad to a U.S. company as an EB1 Multinational Executive or Manager immigrant, a qualifying relationship must exist between the foreign employer and the U.S. employer.
A qualifying relationship exists when the U.S. employer is an affiliate, parent or a subsidiary of the foreign firm, corporation, or other legal entity. To establish a “qualifying relationship” under the regulations, the petitioner must show that the beneficiary’s foreign employer and the U.S. employer are the same employer or related as a “parent/subsidiary” or as “affiliates.” Attorney Carlos Sandoval may assist you in determining this.
In this regard, “ownership” and “control” are the factors that must be examined in determining whether a qualifying relationship exists between the U.S. company and the foreign entity. This will be used for purposes of determining the visa classification. In the context of a visa petition “Owner” is referred to as the direct or indirect legal right of possession of the assets of an entity with full power and authority to control. In the context of a Visa petition “Control” is defined as the direct or indirect legal right and authority to direct the establishment, manage it, and delegate the operations of an entity. The petitioner must demonstrate the following:
- U.S. organization and the organization abroad maintain a qualifying relationship;
- U.S. organization and the organization abroad are both actively engaged in doing business; and
- U.S. organization has been actively engaged in doing business for at least one year.
In addition, proof must be submitted to reflect that the company is able to pay the person/aliens salary. Attorney Carlos Sandoval will assist you with being familiar with what documents and proof will be needed to file this type of petition.