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L1A - Functional Manager - EB1C - Question - Need Advise

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#1 snelectron



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Posted 24 January 2013 - 03:56 PM

I work for a Fortune50 US based MNC. I have worked with the US for 6yrs before being transferred to their Indian-subsidiary for 1.5yrs. I recently came back to US on L1A visa

In my overseas position (in India) - I had the authority to recommend for promotions, do hiring and also manage day-to-day team functions in my engineering area. I had a team of 15 members that helped me execute the above functions.

In my current position (in US) - I am single man, tasked to bring appropriate individuals from various functional areas together as needed, and create division level processes that improve the efficiency, quality and all such good things. I have input into the individuals annual reviews but do not do them on my own.

Couple of questions -
1) Would I qualify for EB1C? as a functional manager?
2) Can I file for EB1C GC on my own? or only the employer has to file for me?
3) Would it be better going through the company? or doing it individually?
4) If applying on own is possible, what kind of documentation is needed from the employer?

Thanks in advance for your responses!!!!

#2 catx


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Posted 25 January 2013 - 10:06 AM

Permanent residency under the EB1C (multinational executive or manager) preference category is an employer's sponsorship and process. The individual cannot file on their own. While there is no PERM labor certification application requirement under EB1C, the employer should work with a qualified, experienced immigration attorney to make sure the criteria are met and documented properly.

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