Background
The EB-1C category is designed for multinational executives or managers holding a position of significant responsibility within their organizations. It offers a streamlined pathway to a green card for those individuals who play a crucial role in the operations and success of their companies. This visa category recognizes the importance of international talent in contributing to the growth and prosperity of U.S. enterprises. Our team has helped countless professionals successfully navigate this route so that they can make significant contributions to the American business landscape.
VisaNation Case Strategy
In one recent case, our client, originally from Ireland, worked for a chemical manufacturer in the oil industry in the United States under an L-1A visa. Given the nature of his job, which involved frequent international travel, he decided to pursue permanent residency in the U.S. As a technical field service manager, our client worked in an executive capacity at his company, hence, obtaining an EB-1C green card became the optimal path for him. Meeting the requirement of having worked in an executive capacity abroad for at least one year within the three years prior to filing the petition was crucial.
To qualify for the EB-1C, the petitioner must meet specific criteria outlined in the E13 immigrant classification. This includes offering the beneficiary a managerial/executive position, conducting business in two or more countries, with one being the U.S., having been in business for at least one year, being the same employer or affiliate as the entity that employed the beneficiary overseas, and having the ability to pay the offered wage.
Although our client met the E13 immigrant classification, we encountered a significant challenge when we received a Request for Evidence (RFE) stating insufficient evidence regarding the ability to pay the beneficiary, the relationship between the U.S. and the foreign entity, and the beneficiary’s employment in a managerial position abroad.
Despite the complexity of the RFE, we responded comprehensively with a 300-page submission, providing:
- Beneficiary’s pay records from 2015 onwards
- Letters from petitioners attesting to the beneficiary’s role at the foreign entity
- Documents evidencing the beneficiary’s function as a manager
- Company’s organizational chart
- Projects managed by the beneficiary
- Petitioner’s federal tax returns and bank statements
- Audited financial statements for the U.S.-based company
Verdict
While many other law firms would have given up, our team worked diligently to gather the necessary evidence to bolster the case. In the end, it all paid off! Following the submission of the RFE response, our client’s I-140 was approved eight months later. A tremendous success for our client and a testament to our team’s expertise!
