Background
Paulo, a Chilean national, built his career in the U.S. under an L-1A visa, with his wife and daughter accompanying him. As his L-1A extension approached its end, he sought a permanent role serving as Director of Operations for his company. The company had a longstanding presence in the wood products manufacturing industry. With over 17 years of experience in the industry, Paulo was a key executive asset. He played a major role in ensuring the success of the day-to-day tasks of operating the company, and he represented the company in all operational acts of the door division.
To explain how major this company was, they were supplying finished products for American retailers like Home Depot, Lowe’s, and Ace Hardware. Many of the wooden moldings, doors, windows, and wood pellets that you’ve bought from one of those stores were probably supplied by Paulo’s company. At one point, the company held an 80% share of the U.S. manufactured housing market for moldings. This company was a big supplier of many American goods, and the company supported more than 3,000 employees nationwide. They were committed to retaining Paulo permanently but didn’t know what the next steps were as he was approaching the end of his L-1A extension.
Case: EB-1C to Green Card for Multinational Executive
In order to keep Paulo’s position in the executive capacity, we decided to pursue the EB-1C to green card path. By doing so, we would then be able to apply for his green card with an approved EB-1C. This visa category is one of the highest employment-based preference categories, and we essentially formed the case around 3 major points:
- Executive Capacity Proof: We documented Paulo’s authority to direct the Door division, set corporate policy, and exercise wide decision-making without any oversight.
- Company Relationship: Using corporate records, we explained how the U.S.-based company owned 100% of the Chile branch, and then the Chile branch owned 50% of the Denver, Colorado branch. This satisfied the parent-subsidiary test under code 8 CFR 214.(1)(1)(ii)(L).Having a 50% owned subsidiary meets the Petitioner’s qualifying relationship.
- Sustained Success: We explained the company’s share in the manufactured house molding market and its performance by looking at the door-sector revenues.
It’s important to note that a parent in this case meant a firm, corporation, or other legal entity of which a parent owns, directly or indirectly, half of the entity and controls the entity. Because the parent company owned 100% of the Chile branch, there was a qualifying relationship. Then, serving in an executive capacity meant being able to direct the management of an organization, establish goals, exercise decision-making, and receive very little supervision from higher executives. Paulo met all of those criteria, and we explained how he not only met the criteria to serve in the executive capacity under his previous L-1A visa but how it would grow more under this permanent role with an EB-1C visa.
Simultaneously, we prepared the applications for Paulo’s wife and daughter, so that the family could all stay together.
Verdict
Within 13 months of filing the I-485, Paulo’s green card petition was approved, alongside his wife and daughters. Now, Paulo could reside permanently within the U.S. as a legal permanent resident. His job security was also confirmed, with a permanent role in his company’s door division. Working in this role, Paulo would also be working towards safeguarding jobs across its American and Chilean facilities. In the end, the biggest win was the fact that Paulo could have his family with him in the U.S., without having to separate.
How VisaNation Helped
We actually had our client send some replacements for the molding around our doors. It just goes to show that the relationship we build with some of our clients goes beyond paperwork. Today, Paulo is continuing to leverage his cross-border expertise to ensure more sales and expand product lines. We ensured that our client always remained in status while being in the U.S. and mapped out a timeline to ensure that everything was completed and filed in a timely manner. We guaranteed that the family was never separated, and in the end, we got the green card approvals to secure permanent residency for this family.
Contact VisaNation
If you are contemplating what the next steps are to secure permanent residency in the U.S., contact us. We can map out a timeline for you and your family to ensure that you all are safe and protected under a lawful status in the U.S. You can submit a free inquiry to get in touch with us, and our team will reach out to you!