MANAGERS AND EXECUTIVES (EB-1)

Are you a foreign national manager or executive for a multinational corporation, or a foreign company with an office or affiliated entity in the United States? Do you have permission to come to the U.S. to work and live through your company? Or, are you a representative or agent of a U.S. office of a multinational or company, who wishes to bring a foreign national manager or executive from abroad to live and work?

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If either of the above descriptions describes you, then you should consider the EB-1C Immigrant and Green Card eligible visa category. This visa allows foreign nationals who are executives or managers of U.S.-affiliated entities abroad, the opportunity to immigrate to the United States with relatively little difficulty. Unlike with visas in the EB-3 category, because it’s an EB-1 subcategory, no costly and time-consuming Department of Labor, labor certification process is necessary.

WHO IS ELIGIBLE?

Foreign national executives or managers who have been employed abroad within the same firm or corporation as the sponsoring U.S. entity, or it’s abroad-based: affiliate, subsidiary, or parent entity, may be eligible. It will principally depend on whether they have been employed abroad in that managerial or executive capacity for at least one year in the last three years prior to entry into the United States. The other factor will be the condition of the U.S. office/affiliate looking to employ them. If the United States company sponsoring them has been “doing business” for U.S. Immigration Legal purposes for at least a year; as an entity related to the foreign one that the foreign employee is coming from, then the foreign manager or executive is likely eligible. Note doing business for purposes of U.S. Immigration Law means: providing goods and/or services on behalf of a legally-operated business AND DOES NOT INCLUDE the mere presence of an agent or office of the qualifying organization in the U.S. and abroad. The only other requirement is that the U.S. employer will have to submit a statement that the foreign national will be employed as an executive or manager in the United States, as well. If you are interested in pursuing this visa or a similar one, please feel free to play around and experiment with our employment-based visa eligibility quiz, available here

Other Options for Managers and Executives

It 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 an 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” (which 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 “specialty 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-consuming 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:

THE TRADITIONAL LEGAL SERVICE: FULL ATTORNEY REPRESENTATION

Check your Eligibility, Register, Sign (or Schedule a Consultation First). Begin by answering one of our online questionnaires. If all goes well, our software will tentatively assign you a case.* You’ll be able to register, create your profile and request an individualized price quote for your case; for free. You can then sign our electronic retainer at the quoted price (subject to certain reservations). Or, if you prefer, you can schedule and pay for a consultation, before signing. If you choose to make us your attorneys by signing right away; after using our secure online system to make your first payment, you’ll still be prompted to schedule a consultation. To ethically and most effectively serve you, our Full Attorney Representation Service always begins with a consultation. Please visit our How our Legal Services Work page.*
Have your Initial Consultation with your Attorney and let them get to work. Your attorney will contact you as scheduled, for your consultation. They will verify your eligibility for the case our software pre-selected, and make sure it is actually the best option for you. Your attorney will detail the steps for handling your specific immigration matter, and render you any necessary and pertinent legal advice. Addressing your questions, and requesting any documents and information that you’ll need you to provide (such as birth certificates), will also be priorities of the consultation. If you did not already retain Zontlaw formally, your attorney will send you a price quote (with the $150 dollar consultation fee deducted from the cost of your representation); after the consultation. You can then formally sign and retain us as your attorneys. After you make your first payment, your attorney will proceed to the next step. If you have already retained us, you’ll make your first payment if you haven’t already (the one after the $150 minimum), and your attorney will automatically proceed to the next step. How our Legal Services Work page.*
Finish completing your Forms, your Attorney Checks your Petition, and you Submit. You will use our innovative software system to continue to fill out the necessary forms for your case, and any supporting documentation. Then when you have completed everything, your attorney will check your USCIS forms for accuracy, completeness, adherence to USCIS standards and procedures, and any possible ineligibility/inadmissibility grounds that might come up. Your attorney will tell you how best to address any problems with your petition that they observe, and then you will make the necessary and/or recommended changes. If you elected for the add-on service of having your attorney check your supporting documentation, they will also give you feedback on that. Once you have made the proper changes, you will print your petition, sign where indicated, and then send it off to USCIS in the pre-addressed and pre-paid envelope, we provide. From there, you’ll only have to make sure to respond to any ensuing correspondence or requests from USCIS, should there be any. How our Legal Services Work page.*

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Once you assemble and upload all required documents, we will check if the evidence is correct and will provide a cover letter.

LAW OFFICES OF IGOR LITVAK

With more than a decade in the field, Igor Litvak has earned a reputation as a highly successful immigration attorney. Since 2012, he has represented countless corporate and individual clients in complex matters ranging from removal (deportation) to asylum, family, business, and investor petitions, and employment-based cases.

Authorized to practice in immigrant courts throughout the United States, Mr. Litvak is licensed in the state of New York and New Jersey and may also appear before the 2nd, 3rd, and 9th Circuit Court of Appeals, U.S. District Courts for the Southern, Northern, and Eastern districts of New York, and the New York Supreme Court. Mr. Litvak takes pride in helping clients who have been unable to get satisfactory results elsewhere. His honesty and compassion, combined with his expertise and vast knowledge of immigration law make him a formidable opponent in court – resulting in a long list of satisfied clients and positive referrals.

Outside of court, Mr. Litvak often devotes his spare time to participation in local events and to his family. Mr. Litvak lives in Brooklyn, New York. He was born in Vorkuta, Russian Federation, a small city located north of the Arctic Circle, and lived there until he came to the United States at the age of 14 – he speaks fluent Russian. Since he was quite young, he had a strong sense of justice and a desire to advocate for others, so becoming an attorney was a natural, lifelong dream.

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Testimonials
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Джума Мыратгелдиев
Джума Мыратгелдиев
2023-05-31
Great attorney, easy to work with, highly recommend, my case was dismissed Thank you so much Igor LITVAK
Ninjacool
Ninjacool
2023-05-22
Really helpful good lawyer
Nida Kumar
Nida Kumar
2023-05-17
Mr. Igor is one of the best lawyer, I have ever met. He had been so kind and full of understanding. Had a privilege to hire him to represent us in federal court. And he did everything possible, to get us out of the trouble. A true man of words. Highly recommended.
Alexandra Dordzhieva
Alexandra Dordzhieva
2023-05-17
Good lawyer, helped us in a case
Karl Mukaz
Karl Mukaz
2023-04-17
Had the best experience with Igor! Fast, reliable and professional! Highly recommend!
Jekaterina Shapovalova
Jekaterina Shapovalova
2023-04-10
Igor Litvak is an outstanding lawyer in New York, and I am beyond impressed with his level of professionalism and expertise. I recently had the privilege of working with him on a complex legal matter, and his knowledge, dedication, and attention to detail were simply unparalleled. From our initial consultation to the resolution of my case, Mr. Litvak went above and beyond to ensure that I understood all aspects of the legal process and was always kept up to date on the status of my case. He provided sound advice, was always available to answer any questions, and took a personalized approach to my legal needs. Mr. Litvak is not only a brilliant attorney, but he is also an exceptional communicator and an empathetic advocate. He is a true professional who genuinely cares about his clients and their well-being, and I would highly recommend him to anyone in need of legal services. If you want an attorney who is not only knowledgeable, but also compassionate, diligent, and committed to achieving the best possible outcome for his clients, then look no further than Mr. Litvak. He is simply the best.
renier valle
renier valle
2023-03-28
A very good attorney, I highly recommand him, i had a major criminal case which he resolved with no record. Just a great attorney.
Albert_Brits
Albert_Brits
2023-02-17
The best attorney you can get, he will fight for you like he did for me, he was also very detailed on the case and always answering his call, you actually get to have his cell phone. Highly recommended.
lady jackey
lady jackey
2023-02-06
Very reliable, and friendly staff, they were very patient with me throughout my vwa case It was a pleasure working with them
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