Executive employment – Houston Law Firm
The EB-1 Visa allows multinationals to employ executives, managers, and people with extraordinary abilities in the US. The best way for an immigrant worker to gain entry into the US is via the EB-1C visa. This visa is processed relatively fast compared to other employment-based visas. Here at RunRex, we would like to provide you with a bit of insight into this visa.
Eligibility for the EB-1 Visa
The visa is open to executives from various multinationals, managers, and people with outstanding abilities.
For executives working in various multinationals, they can gain entry into the US if they meet certain criteria. An executive can gain immigrant status in the US if he or she has been working for at least three years and at least one year for the US-based firm.
He or she must have been employed in an executive or managerial position before seeking entry into the US. The employment should have been by the same employer, a subsidiary, or affiliate of his employers. The petitioner must be a US employer who has been doing business in the US for at least a year, an affiliate, or subsidiary of the employee’s company.
For this class, labor certification is not required. However, the employer has to provide a job offer and file a petition with the USCIS. Before gaining entry, the employee must have confirmed an existing position with a US branch.
Benefits of this Visa
One of the benefits of the EB1 visa is that an employer does not need to show that there is a shortage of qualified US workers. This helps to expedite the visa application process. Eventually, the alien is able to get their green card application processed much faster. The employee does not have to go through the conditional green card to get into the US.
When the alien acquits a green card, he or she can travel abroad without having to obtain advance parole or worry about running their legal status in the US.
When compared to the L-1A visa category, the labor certification is needed. It is also worth noting that the chances of an EB1C visa petition sailing through increase significantly if the employee has had L-1A status before.
The other benefit is that the beneficiary does not need to have any significant investments in the US. Thus, he or she does not need to have created any jobs in the US to gain entry. Besides that, the employer is responsible for doing the bulk of the work and even paying the filing fees. All the employee has to do is show up for work and gain entry to the US.
For those who seek entry as researchers or people with extraordinary ability, they can also use this visa. For them to gain entry, the outstanding researcher must have about three years of experience teaching or research in their area of expertise. Besides that, they must gain entry into the US in a tenure or tenure-track teaching.
If the employer is a private company rather than a university, the Institute of the employer must employ at least three people full time in the research department. Further, they must have achieved documented accomplishment in a specific field of academia.
For those who seek to enter via this visa based on extraordinary ability, they must show that indeed they possess such abilities. This ability has to be recognized at a national or international level by a renowned body such as a reputable sports body, a university, or art association.
For those who have not won any awards internationally, the second set standard is easy to achieve. If you have received a nationally or internationally recognized prize for your work, earned membership in an association that requires outstanding achievement, or have material published in a major publication, you can still earn the visa.
Satisfying all the criteria set by the USCIS is not a guarantee of entry into the US. The USCIS looks at quality as well as quantity. Thus, if you want to gain entry, it is best to document all of your achievements.
Look for a Lawyer
If you are serious about gaining entry into the US in an executive position or other criteria via the EB1 visa, you need the services of a lawyer. The rules by the USCIS are prone to change without warning. Thus, it is best to use a law firm in the US to process your immigration needs.
If you are an employer who seeks to bring an executive in the US, you also need a good lawyer. A talented employee can help turn things around for you and help your company grow. However, if you do not get it right the first time, you may end up paying the fees all over again, which can put a strain on your resources Get in touch with us today if you have an executive that needs entry into the US.