The following criteria must be met to establish to the United States Citizenship & Immigration Services (USCIS) that an applicant qualifies for a green card as an intracompany transferee, multinational executive or manager.
In order to qualify for a green card in this category the following must be established:
- That the applicant is a multinational executive or manager. This could be done by supplying the immigration service with a letter from the foreign employer outlining the executive or managerial duties performed by the applicant while employed by the foreign company. Copies of official documentation should also be used to establish that the applicant is an executive or manager of the company;
- That the applicant was employed by the foreign company for at least one of the past three years in a managerial or executive capacity prior filing or prior to entering the United States in nonimmigrant visa status. This can be established by submitting past tax returns for the applicant and the company to establish that he was on the payroll;
- That the foreign company and the United States company are affiliated. In order to establish this it must be established that the same person or group of people control both companies. Ideally, this is best established by having one of the companies own the other; but it can also be established by showing that the same person or corporation owns both companies; and,
- That the United States company to which the applicant is being transferred has been in operation for at least one year and is engaged in active business in the country.
If these criteria can be established a green card will be issued to an applicant as a multinational executive or manager. The benefit of this type of application is the fact that there is no need for a labor certification application to qualify as an intracompany transferee, multinational executive or manager.
It is important to note that if you have qualified for an L-1A visa it is quite likely that you will qualify for a green card as a multinational executive or manager.
If you would like to explore your specific green card options please send a request to us at:
Leibl and Kirkwood PC
12625 High Bluff Drive
San Diego, CA 92130
Tel. (858) 481-5211
Fax. (858) 481-7271