
How Do I File an I-130 Petition for a Family Member in VA?
Qualifying managers and executives of multinational companies are eligible for permanent residence without going through the PERM labor certification process. The “EB-1” Multinational Managers and Executives category applies to intra-company transferees who, within the three years preceding initial entry into the United States, were employed outside of the U.S. continuously for at least one year in a managerial or executive capacity, and who will be employed by a branch, parent, affiliate, or subsidiary of that same employer in the U.S., also in a managerial or executive capacity.
The multinational manager/executive petition requires clear documentation of the qualifying relationship of ownership and control between the U.S. and foreign office. Managerial and executive candidates typically enter the U.S. in L-1A or E-2 status, although Goel & Anderson has successfully petitioned for EB-1 candidates holding other nonimmigrant status.
Successful EB-1 petitions require extensive documentation establishing proof of executive or managerial duties while employed overseas, in addition to compelling proof that the U.S. position is in an executive or managerial capacity.
The USCIS recognizes two types of managers: those who directly manage people and those who manage an essential function. The former, non-functional managers, have direct reports who are professional grade employees; in other words, their direct reports are either degreed professionals or are managers themselves. Managers of an essential function must be at a senior level with respect to the function managed, must have substantial discretionary, day-to-day authority over the function managed, and must be primarily engaged in fulfilling management duties.
If you are a multinational manager or executive and are seeking permanent residence here in the United States, simply contact Goel & Anderson for an initial consultation today. Our seasoned Virginia immigration lawyers stand ready to effectively guide you through each step of the legal process ahead.
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