QUESTION: I heard that there is a type of visa whereby I don’t need to invest $1,000,000 to get the Green Card, but rather can use my business knowledge and business. Is this true?
Answer: Yes, it is the much less known Multinational Manager Visa. This is where you have 2 companies in 2 different countries and will then be the manager or executive of both in order to apply for the Multinational Manager Visa for Residency for you, your spouse and unmarried children under 21.
Question: What are some of the specifics?
Answer: It is basically when you are the manager or executive of a company in your home country and then a subsidiary or branch office here in the US
Question: How is manager defined?
Answer: Managerial capacity means an assignment with the organization in which the employee personally:(1) Manages the organization, department, subdivision, function or component; (2) Supervises and controls the work of other supervisory, professional or managerial employees, or manages an essential function within the organization or department or subdivision of the organization;
Has authority to hire and fire or recommend personnel actions (if another directly supervises employees), or if no direct supervision, functions at a senior level; and (4) Exercises discretion over day-to-day operations of the activity or function.
Question: How is executive defined?
Answer: Executive capacity means an assignment in an organization in which the employee primarily:
(1) Directs the management of the organization or a component or function;
(2) Establishes goals and policies;
(3) Exercises wide latitude in discretionary decision making; and
Receives only general supervision or direction from higher level executives, board of directors or stockholders.
Question: Is a Labor Certification or PERM required?
Answer: No labor certification, but a job offer by the US organization, is required
Question: Must you be employed at the foreign company?
Answer: You must be employed abroad for one year (in last 3 years) by “firm or corporation or other legal entity or an affiliate or subsidiary thereof.”
Question: What is an affiliate?
Answer: Affiliates include entities owned and controlled by the same group of individuals, in approximately the same share or proportion of each entity. Includes accounting firms that have “internationally recognized name(s)” as affiliates, notwithstanding the fact that they are actually separate partnerships. Firms will be considered affiliates if they market accounting services under the same internationally recognized name and the same agreement. Under PL affiliate also includes management consulting firms that work with accounting firms as long as they market under an internationally recognized name or work with a successor worldwide coordinating organization even if it is not collectively owned or controlled. International management consulting firms that separate from an international accounting firm, yet continue to maintain the qualifying worldwide organizational structure may continue to use the EB-1 category even if it is no longer connected to an accounting firm.
Question: What must the petitioner establish for the ‘subsidiary’ requirement and working for the company?
Answer: Petitioner must establish: (i) it maintains a qualifying relationship (parent, affiliate, subsidiary) with the beneficiary’s foreign employer; and (ii) the foreign corporation or other legal entity that employed the beneficiary must continue to exist and have a qualifying relationship with the petitioner at the time the immigrant petition is filed. The wording of the section is confusing where the foreign entity continues to exist but the specific branch, affiliate, or subsidiary that the beneficiary worked for is out of business.
Basically, if you own a business or the owners want to open a branch office in the US, this might be the very way for you to come to the United States for you and your family.
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Brian D. Lerner is an Immigration and Naturalization Attorney. He is a Certified Specialist in Immigration and Nationality Law as Certified by the State Bar of California, Board of Legal Specialization. Mr. Lerner is married to a Filipina and has been helping Filipinos immigrate to the United States for nearly 20 years. His firm represents clients in Deportation/Removal proceedings, does Waivers, Appeals, Naturalization, Adjustments, Criminal Relief, Citizenship, Consulate Processing, Work Permits, Investment Visas and all other areas of Immigration and Naturalization Law. You can go online to http://www.californiaimmigration.us/ and get a free consultation or call us at (562) 495-0554 for an in-person office consultation.
