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:
1. If you are:
a. 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
b. 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
2. 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
3. Your prospective U.S. employer has been doing business for at least one year
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
13. Can I bring my dependants to the U.S. on EB-1 immigrant visa?
Yes, upon approval of your Form I-140, Immigrant Petition for Alien Worker, your spouse and unmarried children under 21 years of age may apply for immigrant visas through Adjustment of Status in the U.S. or through consular processing at a U.S. consulate outside the U.S
14. How can I check the status of my Form I-140, Immigrant Petition for Alien Worker?
You may check visa status by using VisaPro’s free visa status service.
15. How can I appeal a denial of my Form 1-140, Immigrant Petition for Alien Worker petition?
If your Form I-140, Petition for Alien Worker is denied, you may file Form I-290B, Notice of Appeal, along with the required fee at the appropriate USCIS Service Center within 33 days of receiving the denial. you may also refile your I-140 petition with additional evidence