EB1C MULTINATIONAL EXECUTIVE MANAGER

[Attorney_22]

This week, Murthy Law Firm attorneys will answer questions regarding the EB1(c) green card category, which is reserved for multinational executives/managers.

If you have a general question, but do not wish to post it in the forum, you may reach a representative at the Murthy Law Firm via eMail. Please allow 3-to-5 business days for a response. Or, if you have case specific questions, please schedule a consultation with a Murthy Law Firm attorney.     

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[Shahan]

I aM on h1b since 15 years and EB2 but got promoted to VP last year . Can I upgrade to EB1c category . What are the options ? As I have team in India - can I go live in India for 1 yr and come back on same h1b  and upgrade to EB1c ? 

[NRC]

I’m a managerial level employee with 100% managerial responsibilities working outside US (Canada).  My company is transferring me to USA on L1A and process my Green card. However, all my reporting employees currently are in the US and India within the same company (a MNC). Can I show the employees reporting to me who are working in India and the USA in the EB1 Canada org chart and the same employees also in the US org chart, since I will be continuing on the current same project after moving to US on L1A. Please advice. 

[Attorney_15]

Your employer can send you to India to be employed as a Manager of their related company in India, responsible for managing a team of managers / professionals. The relationship between the 2 companies must be as parent/subsidiary/affiliate. The law requires you to be employed and outside for an entire year (365 days). This means that if you come into the US during your employment abroad, you will have to add on additional days to complete the 1 year requirement. Finally, while one can generally come into the US on H1B and then the employer can file the EB1C I-140 Petition, it is generally a better strategy to enter with an L1A, essentially vetting the EB1C case, and then after entering the US on L1A proceeding with the EB1C I-140 Petition.

[Manjusha K N]

Hi,

My husband is currently on L1A.He don’t have the 1 year experience outside of  US,to qualify for EB1C.So we are exploring options to go for 1 year outside and come back.Is there any requirement of how many reportees one must have while outside?Will 2 reportees be enough?Both the reportees will be professionally qualified.He will be doing the hiring,leave approvals,work allocation etc. 

Thanks

[vnehwal]

43 minutes ago, Attorney_15 said:

Your employer can send you to India to be employed as a Manager of their related company in India, responsible for managing a team of managers / professionals. The relationship between the 2 companies must be as parent/subsidiary/affiliate. The law requires you to be employed and outside for an entire year (365 days). This means that if you come into the US during your employment abroad, you will have to add on additional days to complete the 1 year requirement. Finally, while one can generally come into the US on H1B and then the employer can file the EB1C I-140 Petition, it is generally a better strategy to enter with an L1A, essentially vetting the EB1C case, and then after entering the US on L1A proceeding with the EB1C I-140 Petition.

As per the requirement for EB1C that the person must be outside the US for 365 days within the last three years. Does that 365 days of employment outside the US need to be in a managerial position?

[vnehwal]

As per the requirement for EB1C that the person must be outside the US for 365 days within the last three years. Does that 365 days of employment outside the US need to be in a managerial position?

[Attorney_22]

On 6/1/2023 at 9:18 PM, Shahan said:

I aM on h1b since 15 years and EB2 but got promoted to VP last year . Can I upgrade to EB1c category . What are the options ? As I have team in India - can I go live in India for 1 yr and come back on same h1b  and upgrade to EB1c ? 

You should discuss your specific circumstance with an attorney directly, but generally, yes, if you were to transfer to a VP position abroad for at least one full year, and are going to be transferred back to the U.S. to continue in a VP role, you may be eligible for the EB1C category. 

[Attorney_22]

On 6/2/2023 at 2:13 AM, NRC said:

I’m a managerial level employee with 100% managerial responsibilities working outside US (Canada).  My company is transferring me to USA on L1A and process my Green card. However, all my reporting employees currently are in the US and India within the same company (a MNC). Can I show the employees reporting to me who are working in India and the USA in the EB1 Canada org chart and the same employees also in the US org chart, since I will be continuing on the current same project after moving to US on L1A. Please advice. 

It may be possible, but you should speak with an experience U.S. immigration attorney to discuss your position abroad and the future position in the U.S. in detail. They can then help guide you. If your employer does not already have an attorney they can rely on, you can speak with one of our attorneys for an initial consultation. 

[Attorney_22]

On 6/2/2023 at 9:56 AM, Manjusha K N said:

Hi,

My husband is currently on L1A.He don’t have the 1 year experience outside of  US,to qualify for EB1C.So we are exploring options to go for 1 year outside and come back.Is there any requirement of how many reportees one must have while outside?Will 2 reportees be enough?Both the reportees will be professionally qualified.He will be doing the hiring,leave approvals,work allocation etc. 

Thanks

Generally, the EB1C is not for first-line supervisors. While not required, it is best for the position to be more upper-level managerial where the reports are from lower-level managers. However, every case is different, therefore, it is best you speak with an experience U.S. immigration attorney prior to making any decision. 

[Attorney_22]

On 6/2/2023 at 10:19 AM, vnehwal said:

As per the requirement for EB1C that the person must be outside the US for 365 days within the last three years. Does that 365 days of employment outside the US need to be in a managerial position?

To qualify for EB1C, the position outside the U.S. must be managerial or executive.