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Law Offices of Robert J. Jacobs, P.A.
Bristol Park
4727 NW 53rd Ave., Suite A
Gainesville, FL 32606
Tel (352) 335-2699
Fax (352) 335-2640
Email: info@myimmigrationlaw.com
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Practice Limited Exclusively to Immigration and
Nationality Law
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U.S.
IMMIGRATION LAW |
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IMMIGRANT VISAS ( GREEN
CARDS )
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Employment Based: |
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EB1-3
: Multinational
Executives and Managers
Multinational
businesses may obtain permanent resident
status (green cards) for their executives
and managers to enter the U.S. to work in
executive or managerial capacities for
branch offices, affiliates, subsidiaries
or parent companies of the foreign
entities under the EB1-3 employment based
preference category.
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Criteria for
EB1-3 Multinational Executives and
Managers:
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| 1. |
The
U.S. and foreign entities must have
a qualifying relationship, either as
a branch office, subsidiary,
affiliate or parent company. |
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| 2. |
The
foreign individual must have been
employed abroad continuously by the
foreign entity in a managerial or
executive capacity for one year
within the three years immediately
preceding the petition or preceding
entry into the United States in L-1A
status. |
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| 3. |
A
managerial position is defined as
one in which the employee primarily:
manages
an organization, department,
subdivision or function; supervises
and controls the work of other
supervisory, professional or
managerial employees or manages an
"essential function"; has
the authority to make personnel
decisions or to function at a
"senior level"; and, has
discretion over the day-to-day
working of the business or function
for which he/she has authority. |
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| 4. |
An
executive position is defined as one
in which the employee: manages an
organization or a major
component/function of that
organization; has the authority to
establish goals and policies; has
wide latitude in discretionary
decision-making; and is supervised
only by higher-ranking executives,
the board of director or
stockholders of the company. |
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| 5. |
The
U.S. business and foreign entities
must be engaged in regular,
systematic and continuous provision
of goods and/or services.
The U.S. entity must have
been doing business for at least one
year. |
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How
may I obtain permanent resident status in
the EB1-3 category?
The
EB1-3 petition is filed by the U.S.
business at the appropriate USCIS
Service Center.
As long as there is a visa number
available at the time of filing the
petition, the foreign beneficiary may
apply concurrently for adjustment of
status with his/her spouse and children
under 21 years of age. Alternatively, he may file for adjustment of status after the
EB1-3 petition is approved, or after
approval he may chose to undergo consular
processing of his immigrant visa at a U.S.
consulate abroad.
As
with the family-based preference
categories, the number of immigrant visas
in the employment preference categories
are also subject to an annual numeric
limitation for nationals of each country.
The filing date of the immigrant
visa petition establishes the priority
date for the application.
However, unlike the family-based
categories, the employment-based
categories are normally current. Click the Department
of State Visa Bulletin for the
priority dates for preference category
petitions and to find the backlog for each
preference category.
To
request a consultation regarding a
petition as a Multinational Executive or
Manager, please contact our office here. |
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