EB1c Employment Based Green Card Attorney in Phoenix
The EB1c Employment Based Green Card allows managers and executives to transition from a foreign country to an affiliated US organization. Securing an EB1c Employment Based Green Card allows international employees to obtain a green card for themselves and their spouse and unmarried offspring under age 21. Since conditions are in place, it's essential to consult with a US immigration attorney to determine the best immigration route for you.
At the Rose Law Group, our devoted Immigration team is committed to assisting and advocating for you. First, we must learn and understand the specifics of your unique situation. By collaborating with our legal firm, you'll gain access to an experienced, cost-effective team with a wealth of knowledge in immigration law. We provide consultations to guide you in determining the appropriate steps moving forward.
What Are The Benefits Of An EB1c Employment Based Green Card?
There are many benefits of an EB1c Employment Based Green Card if you are a manager or executive working at a foreign company and seeking to transfer to a related US company. Here are some of the benefits:
- No Labor Certification Required: US companies may forgo the Labor Certification process and directly hire a foreign manager or executive through a job offer.
- May Include Family Members: EB1c Employment Based Green Cards grant approved recipients the ability to secure green cards for themselves and qualifying family members, encompassing spouses and unmarried children below age 21. Possessing a green card enables individuals to move freely within the US and journey to and from the nation. Green card holders can seek employment and attend schools within the United States.
- Employer Mostly Handles The Process: The worker or employee immigration prospect has limited responsibility under the EB1c. The sponsoring employer must compile and submit most of the documentation and pay all necessary filing fees.
- No Conditional Residency: Unlike other types of visas, which include a conditional period, the EB1c Employment Based Green Card is considered unconditional once permanent residency is established.
Requirements To Apply For An EB1c Employment Based Green Card
There are five primary EB1c criteria required to acquire a Employment Based Green Card within this classification successfully.
- Qualifying Relationship: When an organization intends to utilize an EB1c Employment Based Green Card for relocating a qualified worker from an overseas employer to a U.S.-based one, a relationship between the employers is mandatory. This relationship can be a parent-subsidiary, branch office, or affiliate association and must be established when filing the EB1c petition. It is important to highlight that the US employer — the EB1c applicant — cannot operate as a sole proprietorship.
- 1-Year Work Duration Requirement: The employee who is the EB1c beneficiary must have been employed with the foreign company for a minimum of one continuous year within the three-year timeframe leading up to the EB1c petition submission. This requirement is applicable regardless of whether the employee is presently engaged with the US or a foreign entity.
- Must-Have Worked As A Manager or Executive: There are specific requirements connected to the individual's role while working for a foreign company. Generally speaking, the person must have primarily served in a managerial or executive capacity. Merely being a hands-on supervisor may not suffice. Instead, the employee ought to have acted as a high-level executive with considerable autonomy in decision-making; overseen professionals (fellow employees holding at least a bachelor's degree); or functioned as a key manager accountable for a crucial function, department, or element within the organization; all while exercising discernment over the company's operations.
- Full-Time Job Offer Requirement: EB1c candidates must also demonstrate that they have secured a full-time employment opportunity with the US firm, where they will continue to operate in an executive or managerial capacity.
- US Company Time As A Business Requirement: The US company petitioning for the EB1c Employment Based Green Card should have been actively engaged in business operations within the US for at least one year before applying.
If a US organization applying for an EB1c Employment Based Green Card cannot satisfy all five prerequisites, alternative immigrant visa initiatives are available for consideration.
The Process of Applying For An EB1c Employment Based Green Card
Here are the steps needed to apply for an EB1c Employment Based Green Card:
- Hire An Immigration Attorney: Initiating the process for an EB1c application begins with hiring the services of an experienced immigration attorney. Attorney Darius Amiri, ESQ, at Rose Law Group, eagerly awaits the chance to advocate for you by meticulously examining the unique aspects of your situation and outlining a strategy for moving forward.
At Rose Law Group, we will provide you with a comprehensive list of required documents for submitting your EB1c petition. Your responsibility involves gathering and supplying these materials to our law firm, enabling us to assemble and file your immigrant application.
- File Form 1-140: Form I-140 is alternatively referred to as the Immigrant Petition for Alien Workers. This is the preliminary form that your attorney Darius Amiri, ESQ, shall submit on your behalf. The US firm is designated the Petitioner, while the international employee is identified as the beneficiary.
Additionally, your attorney Darius Amiri, ESQ, will present all supplementary materials, encompassing organizational diagrams, tax documentation, signed declarations, and so forth, in conjunction with Form I-140.
- Adjustment of Status or Consular Processing Procedures: Based on the EB1c Employment Based Green Card beneficiary's circumstances, they must proceed through an Adjustment of Status or Visa Processing procedure.
- Adjustment of Status: Adjustment of Status refers to transitioning from a non-immigrant classification to an immigrant one. This option is accessible to non-immigrants legally present in the United States under a non-immigrant designation. For instance, if you are legitimately present in the US under L1 status, you might be eligible for an adjustment of status.
To accomplish this, your immigration attorney will submit Form I-485. This form is the Application to Register Permanent Residence or Adjust Status. In certain instances, you may be able to file your adjustment of status application concurrently with your Form I-140. Work authorization is typically granted within 90 days of submitting your adjustment of status application.
- Consular Processing: You must be legally present in the US to avoid going through consular processing. Consular processing, or visa processing, entails obtaining a visa from a US Consulate overseas. To undergo consular processing, you must submit a Form DS-260 (Immigrant Visa Application) to the relevant US consulate. After your DS-260 has been processed, you'll arrange and participate in an interview. Upon successfully completing your interview, you should receive an EB1c Employment Based Green Card.
EB1c Employment Based Green Card Attorney in Phoenix
The EB1c category undergoes more stringent processing than the L1 visa, as it is an immigrant classification and paves the way for a green card. To secure EB1c approval, ensuring compliance with all EB1c requirements is crucial. At Rose Law Group, our Immigration team is determined to assist you in applying for the EB1c Employment Based Green Card process.
We offer a free, confidential consultation to understand your specific circumstances better. Please feel free to reach out by phone or by filling out the form below, and we can schedule your free consultation today.