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Understanding employment-based immigration: EB-1 visas pt.3

Over the last few posts, our blog has been discussing how outstanding professors, and those people who possess extraordinary ability in education, business, sciences, athletics, or art may be able to secure an EB-1 visa.

Specifically, we discussed the very exacting requirements that people who fell into either of these categories must satisfy in order to secure one of these first-preference visas from U.S. Citizenship and Immigration Services.

In today's post, we'll conclude this discussion by examining the demanding criteria that must be met by those seeking to enter the U.S. for business purposes, the final group of eligible EB-1 visa holders.

Multinational managers and executives

As with outstanding professors and researchers, USCIS requires multinational mangers or executives seeking an EB-1 visa to have their prospective U.S. employer file a Form I-140, Petition for Alien Worker.

The similarities end there, however, as multinational mangers or executives are not required to submit evidence of outstanding achievement. Rather, they are required to demonstrate that they were employed by their prospective U.S. employer (or an affiliate or subsidiary of this employer) for at least one year during the three years preceding the submission of the EB-1 application. Furthermore, they must demonstrate that this one-plus year of employment was outside the U.S., and that its duties were consistent with those performed by an executive or manager.

Lastly, they must show that they will continue working for this same employer here in the U.S. in an executive or managerial capacity.

It must also be noted that USCIS also requires that the employer seeking to secure an EB-1 visa for a multinational manger or executive must have been operating here in the U.S. for at least one year "as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed [the manager or executive] abroad."

This concludes our examination of EB-1 visas. Those with questions or concerns about this complex area of immigration law should give serious consideration to speaking with a skilled legal professional to learn more.

Source: U.S. Citizenship and Immigration Services, "Employment-based immigration: First preference EB-1," Accessed March 11, 2015

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