A manager may qualify for EB1 Multinational Executives and Managers classification as a functional manager, if the petitioner can show that the alien beneficiary will be primarily managing a function of an organization, even the alien beneficiary does not supervise any employees directly.
Getting an employer sponsored green card is a 3-step process. First, your employer is required to get an approved Labor Certification from the United States Department of Labor (DOL). Second, your employer must file an immigrant petition on your behalf (Form I-140).
Who may qualify as a multinational manager or executive? A foreign national who has been employed continuously in a managerial or executive capacity by a related entity overseas for at least one year out of the past three, and who is coming to the U.S. to work in a managerial or executive capacity.
The EB1C visa beneficiary must have a full-time job offer to work for the US company in a managerial or executive capacity. To qualify for an EB1C visa, the beneficiary must be coming to the USA to work for the US company in a managerial or executive capacity. The US company must give the beneficiary a job offer.
The main thing to understand here is that you can file i-485 without an employer but the USCIS cannot approve it without a valid and current offer of employment from a US employer. This holds true for all employment-based green card queues like EB-1, EB-2, and EB-3.
Typically the U.S. relative pays the fee for the petition. But your relative may expect you to pay for it. USCIS has a reduced fee for a child (under 14) if the application is filed with the I-485 of at least one parent.
Manages an organization, department, subdivision, function or component of the organization; Supervises and controls the work of other supervisory, professional or managerial employees, or manages an essential function; For supervisors of others, has the authority to hire and fire or recommend such actions.
Manages the organization or a department, subdivision, function, or component of the organization; Manages an essential function within the organization or a department or subdivision of the organization; Functions at a senior level within the organizational hierarchy or with respect to the function managed; and.
Evidence Needed For EB-1C Visas As discussed above, both you and your employer have requirements for applying for this visa. This is proven by evidence presented with your Form I-140, Immigrant Petition for Alien Workers.
For EB1C petitions, the I-140 takes anywhere from 7.5 to 16 months to process depending on the USCIS service center reviewing the petition.
As of June 2020, a good guideline to consider is filing in the EB-1A category (if you are from China or India) if you have at least 300 citations, but you should not assume that it will be granted, and you should have a backup plan to maintain your status.
An EB-1A designation can apply to various professional fields, ranging from the arts and business to athletics and education, whereas an EB-1B designation applies only to scientific or other scholarly fields.