![]() At the very least the following documentation is required to prove eligibility to the EB1C immigrant category: a. It is especially important for highly technical petitions including those for EB1C employment based immigrant category for Multinational Managers and Executives where just about every eligibility element has thus far been addressed, interpreted and litigated. The time to spend effort describing the facts with great detail is with the very first case.Thoroughly documenting and presenting all relevant evidence to support any immigration application is a prudent thing to do if positive adjudication result is kept in mind. And once USCIS denies a case, it is highly difficult to get them to approve another one later in the same category. But detail is necessary to maximize the likelihood of prevailing. Often people who are very good at a job have never had to explain their specific day to day duties to anyone, let alone the very specific job duties of everyone who reports to them, and everyone who reports to their direct reports. This level of detail is sometimes painful for an employer and employee to produce. Instead the employer must list all of the employees, very specific job duties for each and the academic achievements and experience of each direct report including how many employees report to that person. In explaining why the managers' direct reports are professional employees, it's not enough to make a bald assertion. To prevail in an EB-1(c) case, the employer can't merely say that the manager manages "professional employees." The employer must describe the specific management duties with great detail on a day to day basis. Others reword those definitions, but nonetheless fail to provide real details. Many EB-1(c) cases simply parrot the definition of manager and executive found in the federal regulations. We found that EB-1(c) denials are due mostly to two situations: (1) cases that lack merit and should never have been filed, and (2) meritorious cases that are inadequately prepared. Because EB-1(c) cases are very fact intensive, our ongoing pressure for facts drove the cases to what currently remains a 100% approval rate. Sean Olender designed a template for EB-1(c) cases that pressed the company and employee beneficiaries to provide voluminous details about the job, the professional employees who reported to the EB-1(c) beneficiaries and how the beneficiaries managed their direct reports, and their projects. The delay for Indian and Chinese nationals is about five years for advanced degree professionals and almost eleven years for jobs requiring a bachelor's degree and less than five years of experience. Multinational manager and executive cases do not require a labor certification and they exempt the successful beneficiary from the employment-based second and third preference category immigrant visa queues, ones that powerfully affect beneficiaries born in India or China. The company had used Olender to prepare and file labor certification-based permanent residence cases for years and decided to investigate the possibility of multinational manager and executive cases for managers who were vital to the ongoing success of the company. The US subsidiary couldn't afford to lose them. Some were ready to move to Canada, or the UK where they could earn residence quickly because of their qualifications. They knew they were valuable and they couldn't figure out why they had to wait more than five years to gain US residence. These consultants worked on important projects worth tens and often hundreds of millions of dollars. It employed highly compensated business and IT consultants most with master's or higher degrees from prominent universities. ![]() H-1B File Maintenance, H-1B Audits, I-9 Compliance, Staffing/Consulting Companies, H-1B Dependency.Īggravated Felonies, Crimes Involving Moral Turpitude, Bars to Deportation Defenses, Bars to Naturalization, U visas.ĭuty to Withdraw H-1B, Employer Liability for Errors, Layoff and PERM, H-1B Layoffs.Īdjustment of Status, Citizenship, Consular Process, Medical Exams, 3 & 10 Year Bar, Advance Parole, EAD.Ī prominent US subsidiary of a multinational business and IT consulting firm faced a dilemma. Release on Bond, Cancellation of Removal, 245(i) Special Education, Waivers, Asylum, GLBT Issues, Withholding, CAT, Voluntary Departure, Appeals. ![]() PERM Labor Certification, Multinational Managers, Outstanding Researchers, National Interest Waivers, I-140 Portability, Ability to Pay. Spouses, Parents and Children, Siblings, Fiancées, Affidavit of Support, K-3, Conditional Residence, CSPA. ![]() H-1B worker, L-1 multinational, O-1 research, TN NAFTA, E-1, E-2 Treaty Investor, J-1, F-1.
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