EB-1C : 跨国公司的主管或经理
Criteria for Demonstrating Extraordinary Ability EB-1 (A)
- Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence.
- Evidence of your membership in associations in the field which demand outstanding achievement of their members.
- Evidence of published material about you in professional or major trade publications or other major media.
- Evidence that you have been asked to judge the work of others, either individually or on a panel.
- Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions or major significance to the field.
- Evidence of your authorship of scholarly articles in professional or major trade publications or other major media.
- Evidence that your work has been displayed at artistic exhibitions or showcases.
- Evidence of your performance of a leading or critical role in distinguished organizations.
- Evidence that you command a high salary or other significantly high remuneration in relation to others in the field.
- Evidence of your commercial successes in the performing arts.
Examples of Documentary Evidence that a Person is an Outstanding Profession or Researcher EB-1 (B)
- Evidence of receipt of major prizes or awards for outstanding achievement.
- Evidence of membership in associations that require their members to demonstrate outstanding achievement.
- Evidence of published material in professional publications written by others about the alien’s work in the academic field.
- Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field.
- Evidence of original scientific or scholarly research contributions in the field.
- Evidence of authorship or scholarly books or articles (in scholarly journals with international circulation) in the field.
EB1(C) is one of the few categories established by the U.S. Congress for attaining U.S. Lawful Permanent Residence.
What is become known as EB1(C) immigrants refer to the category of aliens who are eligible for permanent residence as intra-company transferees and continuing to work in the United States in a managerial or executive capacity. When an employer wishes to transfer an alien employee working abroad to a U.S. company as an EB1(C) - multinational manager or executive immigrant, it must demonstrate the existence of a qualifying relationship between the employer and employee. Furthermore, it must also clearly be shown that the U.S. employer is an affiliate, parent or a subsidiary of the foreign firm, corporation, or other legal entity.
The definition of multinational means that the qualifying entity, or its affiliate, or subsidiary, conducts business in two or more countries, one of which is the United States. Employment experience in a U.S. company alone does not count. The alien beneficiary must have been employed abroad by a multinational entity. The prospective employer in the United States must furnish a job offer in the form of a statement that indicates that the alien is employed in the United States in a managerial or executive capacity. Multinational executives and managers require a petitioning employer, but they do not require a Labor Certification. To be an executive, you must direct the management of the organization or a major part or function of it. You need to establish the goals and policies of the organization, and receive only general supervision from executives on a higher level, from the board of directors or stockholders of the organization. As a manager, you must manage the organization or other part of the organization, supervise and control the work of other professional employees, and have the authority to hire and fire.
There are several advantages to obtain U.S. Lawful Permanent Residency under EB-1 category: (a) the immigrant visas are current for EB1; (b) no Labor Certification is required; and (c) employer does not need to demonstrate U.S. workers’ qualification for the position.