- The employer company must prove a qualifying relationship with a foreign company, meaning that the U.S. company must be either a branch, office, affiliate, or subsidiary of the foreign company.
- The company must be active in the U.S. for at least one year.
- The employer must employ the employee either in an executive or managerial position.
- Employee must have been employed by the foreign company as an executive or manager at least for a year in the last three years preceding the admission to the U.S.
The spouses and unmarried children (under the age of 21) are eligible to accompany the applicant. The spouses may seek admission in E-14 and children in E-15 immigrant status.
No. A U.S. employer must file the petition on behalf of you.
No. Your sponsoring employer is not required to apply for Labor Certification to petition on behalf of you.
A manager is defined as a person:
- Who oversees the management of the organization, department, subdivision, or unit
- Who is responsible for supervising and controlling the duties of other supervisors, professionals, or managers, or directs a critical operation of the organization
- Who finalizes the hiring and firing of employees, or grants promotion or paid leaves if the situation requires
- Who observes and reviews the daily operations required by his/her position
An executive is defined as a person:
- Who oversees the management of the organization, or a substantial unit or an operation of the organization
- Who devises the organization’s, or its substantial unit’s or operation’s, goals and policies
- Who has broad decision-making authority
- Who receives general supervisory direction from higher-level executives, stockholders, or a board of directors of the organization
Yes, it is possible to apply EB-1A under premium processing categories with additional payment.