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EB1-3 Visa (Green Card)

The EB1-3 visa / Green Card is a US visa that allows executives or managers of multinational corporations to live and work permanently in the United States.

The EB1-3 visa is the green card equivalent to the L-1A non-resident visa. Securing an EB1-3 green card may also grant immediate permanent U.S. residency to the holder’s spouse and any unmarried children under 21 years of age. It is a highly desirable green card, typically taking less than a year to obtain.

Other EB1 Category Green Cards

  • EB1-1 – Extraordinary Ability
  • EB1-2 – Outstanding Researcher / Professor

Benefits of the EB1-3 Green Card

EB1-3 visa green card

As with other EB1 Green Cards, the EB-1-3 is one of the more desirable permanent residency visas for two reasons:

  • Its priority dates are current, which means no arbitrary waiting time is imposed, which means it can be issued much faster than other categories of visa.
  • Also there is no PERM process requirement, in which the U.S. Department of Labor (DOL) must first “test the market” to prove there are no qualified U.S. resident workers for the position.

As with other EB1 visas, the spouse and any minor children of the green card holder may also be eligible for admission into the United States under E-14 or E-15 immigrant status.

Of course, like all the employment-based EB1 visas, the EB1-3 visa is particularly difficult to qualify for and applications are subject to extremely close scrutiny by USCIS. To maximize your chance of a successful application, it is critical that you select an immigration attorney who is experienced in high-end Green Card petitions.

Qualification Criteria

  1. The beneficiary have been employed outside the U.S. for at least one of the preceding 3 years by a firm or corporation, in a managerial or executive capacity. In addition the EB1-3 visa applicant must have worked in a managerial or executive position for an unbroken 365-day period within the last three years.
  2. Their employer must meet the definition of a multinational corporation.
  3. The petitioning employer must be a current U.S. employer and have done business for at least one year at the time of the application.
  4. The applicant must be looking to continue their service to that same organization in the United States.
  5. The application may only be made by the employer. The beneficiary may not apply on their own behalf.
  6. A key factor is being able to prove the relationship between the U.S.-based operation and any international or foreign parent or affiliated company. There are two main ways for showing this. The first is that either the U.S. company or foreign company owns the other (i.e. a parent-subsidiary relationship). The second viable option is known as affiliation, in which the same shareholders own substantially similar stakes in both companies. We are able to advise on how to build an immigration strategy to maximize your chances of proving qualification.

One challenging area in the EB1-3 visa application process is where the applicant executive is also the owner of the company. There are strategies available to negotiate this, such as to create Board of Directors with employment agreements that prove the beneficiary is in fact a genuine employee and that they could genuinely be dismissed from the company.

Other subtle considerations can be around proving whether the job in question is genuinely managerial or executive in nature. We have extensive experience in advising on strategies to negotiate these potential pitfalls and recommend you book a strategy session with one of our immigration attorneys before commencing the EB1-3 application process.

EB1-3 Attorney Tips

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EB1-3 Visa FAQs

“Can I apply for the EB1-3 from within the United States?”

Yes, you may apply whether you are seeking to enter the U.S. or if you are already in the country.

“How large does a business have to be to qualify as a multinational?”

There is actually no set minimum size for the corporation, provided it is doing business in multiple countries (which must include having an office that employs people in the U.S.).

EB1-3 Visa News

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