MANAGERS AND EXECUTIVES (EB-1)
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Other Options for Managers and ExecutivesIt is important to consider, depending on the individual circumstances, that there may be quicker, less expensive, and potentially better options for foreign national Managers and Executives, than the EB-1C. The EB-1C is an Immigrant Visa and thus applications for it are often subjected to longer processing times, higher degrees of scrutiny and more expense, than similar non-immigrant visas. Some of these similar non-immigrant visas, even allow the foreign national any easy path to seek a Green Card and Permanent Residency in the future. One downside of the EB-1C classification is that premium processing is not available, so if the Manager or Executive that the employer is seeking to sponsor is abroad during the application process, it can take a very long time to process the EB-1C petition. Thus, the L-1 which is kind of the equivalent non-immigrant visa to the EB-1C for “intra-company transfers” (really means Executives and Managers or employees with “specialized knowledge), can be a very attractive alternative. Especially considering if an additional fee is paid, you can have “Premium Processing” of your application and get a decision within 15 days. Thus, the foreign national Executive or Manager who otherwise fits the criteria of the EB-1C petition, can quickly come to the United States with L-1 status, and then later apply to adjust their status to the EB-1C while in the U.S. The whole time, living and working with their approved L-1 Nonimmigrant status while they leisurely await the decision on their EB-1C Green Card-eligible immigrant status. Like the EB-1C however, the employee will have had to have been employed abroad for an entity related to the United States entity, for at least one continuous year in the last year years, and typically employed in an Executive or Managerial capacity (which have strict legal definitions), unless they can be properly characterized as an employee with “specialized knowledge.” Also, like the EB-1C, employers will not have to go through the time intensive and expensive process of getting an approved Department of Labor Certification, before bringing their qualified foreign employees to the U.S. to work. For more information on the L-1 Visa, please click the button below: Another alternative to consider to the EB-1C and the L-1 Nonimmigrant Visa is the H-1B Visa. This Nonimmigrant Visa is available to “speciality occupation” workers, which really means workers with Bachelor’s Degrees and/or equivalent qualifications. This Nonimmigrant Visa, like the L-1, is unique in that it allows its holders to pursue Immigrant Visas (that allow Green Cards), without prejudice. This can be a great option for bringing a future Executive or Manager from abroad to work for your company, in that capacity, when they otherwise don’t fit the criteria required for an EB-1C or an L-1. Unlike the L-1 however, there is a numerical cap to the number of approved H-1B visas (65,000 annually), with an additional 20,000 visas on top of that number, reserved for those foreign nationals who are new graduates of U.S. Master’s programs. Additionally, and unfortunately, unlike the L-1 or the EB-1C, the H-1B requires an approved U.S. Department of Labor Certification for the position that the foreign national is being hired for, and this can be an expensive and very time-intensive process. However, if the foreign national isn’t qualified for an L-1 because they haven’t worked abroad in an executive or managerial capacity (or in a specialized knowledge capacity), for a foreign entity affiliated with the sponsoring U.S. employer for at least 1 out of the last 3 years, the H-1B may be the best option available. Always worth considering with respect to the H-1B Visa is if the foreign national may qualify for an Immigrant Visa via the EB-2 Visa (if they have an Advanced Degree) or the EB-3 Visa (if they have a Bachelor’s Degree or foreign equivalent). However, as with all Immigrant Visas even if they qualify for one of these two, it may be much more delayed than applying for the H-1B first, and then pursuing these longer term options later; once the employee is living and working in the United States. For more information on the H-1B Visa, please click the button below:
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She was perfect! It was such a luck to have Julia Greenberg referred to me by my acquaintance. She is the most caring and helpful attorney I have ever worked with. She is very professional and knowledgeable in the immigration law, and she gave me great advice! I appreciate most that she is always available by phone or returns missed calls shortly – this is something that many attorneys in NYC do not do or have their assistants do who never give the correct answer. I approached Julia to help me prepare for my citizenship interview since I had, frankly speaking, not an easy case, and she did the best job I could expect. I could not imagine how my interview would have gone without her; her support was significant! If I ever have a question about any immigration matter I would definitely ask Julia for help again. Awesome
Anya Shapkina on July 6, 2017
Julia Greenberg helps me during the interview process and advises me on the process followed. She is very supportive and handles. She impressed me not only with the professionalism, but also with the art of communication as an outstanding attorney.She is quick to respond to any question that I have. Julia has helped me every step of the way with my case. Thank you!!
Julia is very professional, competent and knows how to get the best deal for her clients. What we appreciated about her service was that she always answered our calls or got back to us in a very short amount of time. We had a very stressful issue with the officer but Julia was able resolve it and have our case successfully processed the same day. We could have not done it without her. She is a smart lawyer and a great negotiator with a wonderful personality. Hire Julia Greenberg if you want to get a real result!
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