EB1 Managerial - questions on spouse and changing jobs

[ColinF]

Hi all,

My company has offered to sponsor me for an EB1-C (Executive/Managerial). I have two questions:

1. In this case, would my spouse also be elegible to receive a Green Card?

2. After the GC is granted, do I have an obligation to continue to work in the same company, or can I freely change jobs?

Thanks,

Colin

[Attorney_6]

1. All employment-based GC categories allow for derivative beneficiaries. So, a spouse/minor child (non-US born) would be able to apply for a GC based upon the same EB category and priority date.

2. The GC is based upon an offer of future employment. Once it is approved, it is expected that the foreign national will work in the offered job for a reasonable time. There is information on this topic on www.Murthy.com.

[S_P]

I have query related to the outside US experience. I was working in a managerial role for 1 continuous year (2009) before coming to US as a manager. I worked in US for 2 years and then went to a foreign country for 2 weeks vacation in 2011.

Is the 1 year outside US experience in the last 3 years being considered from 2011 or 2009?

[Attorney_23]

Per 8 C.F.R. §204.5(j)(3)(i)(B), a foreign national may qualify as a multinational manager/executive:

"If the alien is already in the United States working for the same employer or a subsidiary or affiliate of the firm or corporation, or other legal entity by which the alien was employed overseas, in the three years preceding entry as a nonimmigrant, the alien was employed by the entity abroad for at least one year in a managerial or executive capacity;"