EB1 possibility

[jonty_11]

Hi gurus,

If one is promoted to an Executive level position like Asst VP or something t o that effect, is it possible to apply under EB1. Individual has been working in the same Co in USA for 2 years or so....

Can he apply for EB1....GC...OR is it relevant to only executives with an Intra COmpany Transfer? like many on L1 get this done..

Thx

[raysaikat]

Hi gurus,

If one is promoted to an Executive level position like Asst VP or something to that effect, is it possible to apply under EB1. Individual has been working in the same Co in USA for 2 years or so....

Can he apply for EB1....GC...OR is it relevant to only executives with an Intra COmpany Transfer? like many on L1 get this done..

Thx

The company needs to be multi-national in the first place and AFAIK, there should be employees on both side (foreign country and USA) reporting to him/her.

[jonty_11]

company is a multinational...and people in USA and outside report to the person..

But does theperson need to have at least 1 yr experience outside USA>..?

[raysaikat]

company is a multinational...and people in USA and outside report to the person..

But does theperson need to have at least 1 yr experience outside USA>..?

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. Definitions of terms relevant to this EB-1 category are found in 8 CFR § 204.5.

[sayantan76]

The company needs to be multi-national in the first place and AFAIK, there should be employees on both side (foreign country and USA) reporting to him/her.
where did this come from.......there is no requirement to have direct reports on both sides......basically if you are a managerial employee with Co X outside US for at least 1 year and move to a managerial position with same company in US - your employer can file your case under EB1

[raysaikat]

where did this come from.......there is no requirement to have direct reports on both sides......basically if you are a managerial employee with Co X outside US for at least 1 year and move to a managerial position with same company in US - your employer can file your case under EB1

Yes. What I meant was that there should have been people reporting to the applicant when s/he was outside the US and (presumably a different set of) people should be reporting to him/her now that s/he is in the US. I did not mean that the two things need to happen simultaneously.