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.

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.

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

  1. 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.
  2. Also there is no PERM process requirement, in which the U.S. Department of Labor (DOL) must “test the market” to prove there are no qualified U.S. resident workers for the position.

Of course, like all EB-1 visas, the EB1-3 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.
  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.

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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.).

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