Multinational Executives and Managers
EB-13 is a direct analog to the L-1A nonimmigrant visa category. To qualify, one must be working or going to permanently work as an executive or manager for a US company which is a part of a “qualifying organization”, and have at least one year of experience (out of the last three) working in a related company outside the United States. The benefits of this category are that no Labor Certification is required; the category has not been oversubscribed, meaning a visa is immediately available; the petition processing times are relatively fast; and the green card is unconditional (unlike the EB-5 category).
Who can qualify?
To qualify as an executive, one must:
- Direct the management of the organization or a major component or function of the organization;
- Establish the goals and policies of the organization, component or function;
- Exercise wide latitude in discretionary decision-making; and,
- Receive only general supervision or direction from higher level executives, the board of directors or stockholders.
To qualify as a manger, one must:
- Manage an organization, department, subdivision, function or component of the organization;
- Supervise and control the work of other supervisory, professional or managerial employees, or manage an essential function (a supervisor has the authority to hire and fire or recommend such actions; a functional manager must be employed at a senior level within the organizational hierarchy or with respect to the function managed); and
- Exercise direction over the day-to-day operations of the activity or function.
The beneficiary must have worked as an executive or manager for the foreign-related company for at least one year out of the past three, and the foreign and US companies must have a qualifying relationship:
- affiliate (controlled by one or a group of persons in approximately the same proportion);
- branch; or
- joint venture.
What are some of the problem issues associated with this category?
The interpretation of the terms “executive” and “manager” are open to vastly differing interpretations — what you may think as an “executive” or “managerial” position may not be in the eyes of USCIS. USCIS considers numerous factors in making such a determination, such as the magnitude of the employer; the number of individuals being directly managed by the beneficiary; the education levels of the managed employees; whether the beneficiary engaged in directly providing the services or making the product of the company; the reasonable needs of the company; the proffered salary to the beneficiary. Other issues of importance to USCIS include the level of activity of the US company; the capacity in which the US and foreign company interact; whether the foreign company will continue to operate after the beneficiary’s transfer to the US. Purchasing an existing business does not guarantee approval. Small companies experience pushback from USCIS in this category. The approval of L-1A extensions in no way assures approval in this category.
How does White and Associates help?
We have assisted businessmen and entrepreneurs obtain green cards through this category for more than 25 years. It is a fast-tracked category with unconditional green cards. However, this category is fraught with legal minefields, which can have very expensive and time-consuming consequences. An individual who sets up a business in the US, obtains an L-1 new office approval; develops the business; obtains an L-1A extension may be denied by USCIS for a green card in this category. Someone who buys a business for $300,000 may be in for a terrible shock when his green card application is denied. Too often inexperienced attorneys do not prepare the petition in a competent fashion — thus digging a hole for the client. For those just starting out, we prepare a plan to help the client achieve his goal. For someone who has the funds and would like to expedite the green card process, we can assist in purchasing an existing business. For someone who has already obtained an L-1A visa, we can help in “crossing the finish line”.
Please contact us to discuss how we can assist.