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Green Card: EB-1 - Frequently Asked Questions

11.

What evidence must I provide as EB-1 ‘multinational executive or manager’?

A petition for a ‘multinational executive or manager’ must be accompanied by a statement from an authorized official of your petitioning U.S. employer which demonstrates that:

  • If you are:
    • Outside the U.S., in the three years immediately preceding the filing of the petition, you been employed outside the U.S. for at least one year in a managerial or executive capacity by a firm or corporation, or other legal entity, or by an affiliate or subsidiary of such a firm or corporation or other legal entity
    • Already in the U.S. working for the same employer or a subsidiary or affiliate of the firm or corporation, or other legal entity by which you were employed overseas, in the three years preceding entry as a nonimmigrant, you were employed by the entity abroad for at least one year in a managerial or executive capacity
  • Your prospective employer in the U.S. is the same employer or a subsidiary or affiliate of the firm or corporation or other legal entity by which you were employed overseas; and
  • Your prospective U.S. employer has been doing business for at least one year

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12.

How can I obtain an EB-1 immigrant visa?

If you want to enter the U.S. as an EB-1 priority worker, you must go through the following multi-step process:

  • Your prospective employer must determine if you are eligible for lawful permanent residency in the U.S.
    Note: An EB-1(A) person of ‘extraordinary ability’ does not need a U.S. employer.
  • The USCIS must approve Form I-140, Petition for Alien Worker, filed on your behalf
  • The State Department must give you an immigrant visa number
  • If you are already in the U.S., you must apply to
    adjust to permanent resident status after a visa number becomes available
  • If you are outside the U.S., you must complete your immigrant visa processing at the U.S. Consulate
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