EB-1C Inter-Corporate Green Card
If a foreign investor wants to move his or her family to the United States, but is concerned about problems with the EB-5 investor program, the EB-1C Inter-Corporate Green Card might be a better option. The benefits of the EB-1C Inter-Corporate Green Card is that the investor and the investor's family will be eligible for green cards and permanent residence in the United States as soon as possible. Furthermore, at the end of the required investment period, the investor has a safer way to get back all of the money invested.
The EB-1C inter-corporate green card option usually requires the investor to be well established abroad in his business. As a result, this option might not work for a smaller business. The investor needs to show that he or she has worked for his foreign company in a managerial capacity for at least one out of the last three years. Furthermore, the investor needs to buy a similar business to the foreign one so that eventually the investor can move to and run that business in the United States. When the investor arrives in the United States, he or she needs to take a senior management role in the new company.
To qualify to apply for the green card, the investor needs to own at least 50 percent of the business in the United States for at least one year. It takes another year for the approval to be processed. So if everything goes smoothly, it would take about two years before the foreign investor could move to the United States with his family.
The EB-1C green card is an important alternative way for an investor to immigrate to the United States. For many smart investors and business owners, the EB-1C greencard might take less time and require less money than the EB5 investor immigration program.
Attorney for the EB-1C Green Card in The Woodlands, TX
Luis H. Hess represents ambitious entrepreneurs and business owners in search of exciting opportunities. Whether the business owner is looking to make a fresh start, pursuing the next big commercial investment, or seeking to expand their business into the greater Houston area, Luis H. Hess can help them navigate a complex and fast-changing legal and regulatory system.
At Luis F. Hess, PLLC, we can help you select the best visa to facilitate your goals, figure out the ideal business structure for your new enterprise, or help you protect your investment from financial and legal risk. No matter your goals, Luis F. Hess has the legal experience you need to fulfill your American Dream.
Contact an experienced immigration attorney in The Woodlands, TX, to talk more about the difference between the EB-1C and the EB5 program. Call (281) 205-8540 today.
Executive or Multinational Manager Category
If an employer wishes to transfer an alien employee working abroad to a company in the United States as an EB1 Multinational Executive or Manager immigrant, a qualifying relationship must normally exist between the foreign employer and the U.S. employer. This qualifying relationship might exist when the employer in the United States is an affiliate, parent or a subsidiary of the foreign firm, corporation, or other legal entity.
To establish a qualifying relationship under the regulations for the EB1C, the petitioner must show that the foreign employer and the employer in the United States are the same employer, or related as a parent/subsidiary or as affiliates including:
- the petitioning employer must be an employer in the United States;
- the employer must have been doing business for at least one (1) year, as an affiliate, a subsidiary, or as the same corporation that employed the beneficiary abroad; and
- the beneficiary must be employed in a executive or managerial position.
The managerial functions of the beneficiary can include the management of an essential function of the business even if the beneficiary does not manage a large number of employees reporting directly to the beneciary.
Form I-140 Petition Support Letter for the EB-1-3
The employer in the United States will file a petition on Form I-140 for classification of an alien as a multinational executive or manager. This classification does not require a Labor Certification. The job offer from the perspective employer in the United States must include a statement indicating that the alien is employed in the United States in an executive or managerial capacity. Furthermore, the statement must clearly describe the duties performed by the alien.
At Luis F. Hess, PLLC, located in Shenandoah, just north of The Woodlands and Houston. Luis F. Hess represents clients in Harris County, Montgomery County and the surrounding counties in Texas. An expeirenced immigration attorney in The Woodlands can help employers and their employees understand the requirements for the Form I-140 Petition Support Letter for the EB-1-3 Multinational Executive or Manager or the EB-1C.
The Form I-140 support letter is for a multinational executive or manager under the employment-based first preference category. This letter is used by employers to support Form I-140 immigrant visa petitions to the US Citizenship and Immigration Services (USCIS).
This article was last updated on Tuesday, February 13, 2018.
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