EB-1 Multinational Executive Immigrant Visa Attorney in St. Charles, Missouri
Is your foreign employer transferring you to an executive or managerial role in a partner or affiliated U.S. company? Then, you’re on your way to obtaining an EB-1 multinational executive immigrant visa.
Our St. Charles immigration law office has been helping foreign nationals to apply for their immigrant visa petitions as smoothly as possible. Our Missouri immigration attorney has been practicing immigration law for years and has developed valuable experience applicable to various immigration cases.
Start your journey with us by scheduling a consultation!
Why do I need a Missouri EB-1 Multinational Executive Immigrant Visa Attorney?
Among those you’ll encounter in your immigration journey is identifying whether you qualify for the visa you need.
The EB-1 multinational executive immigrant visa includes strict definitions of what it means to be a manager or executive or work for a multinational corporation. Sometimes you believe you are qualified but learn that you are not. To be 100% sure, call our experienced EB-1 visa attorney to assess your eligibility.
Our lawyers are exceptionally capable of handling different types of immigration matters, including
- Family immigration;
- Business immigration;
- Deportation;
- Getting asylum or refugee status;
- Obtaining a nonimmigrant visa (e.g., national interest waiver, temporary worker visa);
- Advance parole;
- Writing immigration appeals;
- Assisting in filling out immigration waivers; and
- Appearing in front of an immigration court, and more!
They have the expertise and extensive experience to help you and ensure your application goes smoothly.
Don’t bear the weight by yourself. Let us assist you by scheduling a consultation with us today!
What is an EB-1 Multinational Executive Immigrant Visa?
This immigrant visa is one of many work visas available to persons given a job or job offer in the United States. Yes, this visa is an immigrant visa, which allows you to apply for a green card.
It is equally important to remember that employment-based green cards are subjected to annual limits or caps, meaning that a specific number of immigrant visas are granted each year.
Understanding Employment-Based Immigration
If you are a foreign national and are offered a job in the United States, you may obtain permanent residence, which allows you to work and reside in the United States permanently, even to the point of gaining citizenship.
Of course, not all workers are covered. The U.S. government only considers occupations deemed necessary to its economy. Here is an overview of eligible occupations under employment-based greed cards:
- First Preference: Priority workers (workers with extraordinary abilities, university professors, researchers, multinational executives, or managers)
- Second Preference: Advance degree holder or with exceptional ability
- Third Preference: Professionals, skilled or unskilled workers.
- Fourth Preference: Special immigrants
- Fifth Preference: Investors
This article, however, will only cover a multinational executive immigrant visa. If you want to know more about other employment visas or green cards, don’t hesitate to talk with our exceptional immigration lawyer. They have been helping foreign nationals get permanent residency or succeed in their immigration concerns.
Is an EB-1 Multinational Executive Immigrant Visa Right for Me?
This visa is intended for executives or managers of a multinational company. You must have worked outside the United States for at least one year, within three years before the petition. But, you don’t have to get a labor certification.
Furthermore, the U.S. employer (who will apply for your visa) must have been in business for at least one year, have a qualifying relationship with the firm you worked for outside the U.S., and intend to hire you in a management or executive role.
You may wonder what it means to be an executive or manager. How can you tell whether you work for a multinational company? No need to worry; we’ll cover all of that here.
Executives
When we talk about an executive position concerning your visa application, we do not mean that you just have an executive title.
To be considered, you must have the following:
- Directing the company’s management – a key portion or function of it;
- Formulating the company’s (or a component of its) goals and policies;
- Exercising broad decision-making authority;
- Receiving only general supervision or direction from people in positions of higher authority (e.g., board of directors).
Manager
Two types of managers may qualify under this visa: personnel manager and function manager. To better understand the difference, let us look at their managerial capacity.
For personnel managers, that means having the following:
- Managing a specific function, component, or portion of the company (e.g., organization or department);
- Managing and supervising the work of other employees (e.g., supervisory, profession, or managerial);
- Hiring or terminating supervised personnel and recommending (e.g., promotion) them;
- Having power over the day-to-day operations of the activity or function for which you are responsible.
On the other hand, being a function manager means that you possess the following managerial capacity:
- Managing a specific aspect, function, or component of the company;
- Managing an essential function within the company or its other parts;
- Functioning similarly to that of a senior level employee within the company’s hierarchy or concerning the function managed;
- Has the authority or discretion to carry out functions on the day-to-day operations of the activity or function for which you are responsible.
If you are unsure whether your position qualifies, contact our Missouri law firm and EB-1 multinational executive immigrant visa attorney, who can assess your eligibility and provide proper legal advice.
Multinational Company
A U.S. employer will primarily file for an EB-1 multinational executive immigrant visa. There must be a qualifying relationship between your U.S. employer and your foreign employer, which means that the U.S. employer is either
- an affiliate,
- parent,
- or subsidiary of the foreign company.
What is the Application Process for an EB-1 Multinational Executive Immigrant Visa?
As previously stated, your U.S. employer will serve as the petitioner for your EB1 visa. But that doesn’t mean they will do the heavy lifting. You will also play an essential role once the petition has been approved.
It’s better to cooperate with your employer for a smooth process. It would be helpful if you had an EB-1 Multinational Executive immigrant visa lawyer at your side to guide you.
Step 1: Filing Form I-140, Petition for Alien Worker
The petitioner will first file Form I-140 to the USCIS. The form I-140 is required to establish that you are qualified for the visa you are asking for. The form will request information about your employment and other relevant information.
Also, the form has a space dedicated to your spouse and children. Why? Fortunately, your qualified spouse and unmarried child (age below 21 years old) can also acquire legal immigration status, allowing them to accompany you to the United States. Form I-140 is available on the USCIS website if you wish to see it.
Subsequently, once your employer files the paperwork, you must wait for the USCIS decision. It might be weeks before they send you their decision. There are times that they will ask you for more evidence. You must comply with the documents asked from you before the timeframe specified in the request for evidence (RFE) form.
When USCIS approves the petition, your employer will get a Notice of Action on Form I-797. It includes the “Priority Date,” which will indicate when you may apply for a green card.
Step 2: Applying for your Green Card Application
You can now apply for a visa once your priority date has become current. You can apply in two ways: consular processing or adjustment of status.
Consular processing
This option is available if you apply at a U.S. consulate in or near your home country. The USCIS will transfer your file to the National Visa Center (NVC), which will take over your case. It will be responsible for sending you notices or instructions relevant to your green card process.
You will go through the following steps:
- Choosing email communication options. You have the option of having your EB-1 multinational executive immigrant visa attorney receive correspondence on your behalf.
- Making the payment for the processing fee.
- Submitting Form DS-260. You can log in online using your NVC case number and invoice number to submit the form. You’ll also have to submit the documents required during your DS-260 application.
Once everything is done, you will receive information regarding your consular interview. Remember to attend it since that will either make or break your application.
If you need help preparing for the interview, our St. Charles multinational executive immigrant visa attorney can help you.
Adjustment of Status
If you already have legal status in the United States (for example, an immigrant visa), you can apply for an adjustment of status at the USCIS. The following is the procedure for applying for an adjustment of status application:
- Submit Form I-485 and the required documents. You can retrieve the list of documents from the USCIS website.
- Attend the biometrics schedule at a service center.
- Wait for the USCIS regarding your interview schedule.
Step 3: Attend the Consular/Adjustment of Status Interview
This step is just as important as the others. A trained officer will interview you and determine whether your answers and declarations on your application are consistent. They have the authority to turn you down if they believe there is a valid basis.
Call our EB-1 Multinational Executive Immigrant Visa Attorney Now!
Every client has a different immigration issue. An excellent law office is staffed with well-rounded lawyers who have been fighting for their clients for years. They have the knowledge and extensive experience to make their clients’ immigration endeavors successful. Luckily for you, our Missouri law firm checks all of these.
Whatever your situation, you deserve the best legal services you can get. Schedule a consultation with our Missouri EB-1 visa attorney today!
