# Work based green card - EB-1



## EVHB (Feb 11, 2008)

For almost 4 years now, the company is telling us that they want to relocate us from Belgium to their Corporate Office in the US. And we were hopefully waiting and waiting. But now it seems they need to save on expenses, and they will not relocate us during the next few years… 

At first I thought that we could forget all our dreams to live in the States, because for a L-visum you need to be in service of that company in your homeland for at least a year. So we would first should need to find another employer, than wait for a year, and then find out if they would or would not relocate us. Seems risky.

The “good” news is, that the current employer told us a few months ago that my husband would qualify immediately for a work based green card because he is a priority worker (he is a director), that he would not need labor certification.
So I did a search about this and this is what I found:
( source: Immigration through Employment )



> Immigration through employment
> ”the foreign national is eligible for lawful permanent residency under one of USCIS' paths to lawful permanent residency:”
> Looking for who eligible:
> 
> ...


According to the employer my husband qualifies for the EB-1… because they told us that he did not need a labor certification.

So now, finally, my question:
If my husband finds a new employer in the US, would this mean that they can hire him without having to prove that there is no American who can do the job?
Would this mean that, if they offer him a job, that they can file for a work based green card immediately?


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## Bevdeforges (Nov 16, 2007)

EVHB said:


> So now, finally, my question:
> If my husband finds a new employer in the US, would this mean that they can hire him without having to prove that there is no American who can do the job?
> Would this mean that, if they offer him a job, that they can file for a work based green card immediately?


According to the information on the US Embassy website, the E1 visa:
Executives and managers who have already been employed by a U.S. company’s affiliate, parent, subsidiary, or branch. No labor certification is required, but the prospective employer must provide a job offer and file a petition with the DHS.
(For the rest of the information, check here: Employment Based Immigrant Visas)

I'm not entirely sure if your current employer can make the determination that your husband is eligible for the E1 status unless they are planning on transfering him to the US to one of their affiliates or subsidiaries. Basically, the E1 gives the companies the right to transfer in whoever they want from any of their foreign affiliate offices (at the executive level). 

However, if your husband is looking for an executive level job in the US, there's always E2 or E3 status. If the employer wants to hire him, they'll worry about the labor certification. 
Cheers,
Bev


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## twostep (Apr 3, 2008)

"is eligible" does not automatically mean approved. Yes, once your husband is a green card holder he can move freely from employer to employer. 
Director is a very generic title and does not give me anything to go by. He may want to put out feelers within his industry to check its pulse in the current US market. I see more and more mid and senior management positions being streamlined and competition for jobs in the 100-300k range from accounting to sales getting tougher.


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## EVHB (Feb 11, 2008)

I know, nowadays everbody call 'manager' or 'director'.

For what it's worth: he is a Global Account Manager for the Corporate IT-department of a Fortune top 100 Company, has + 20 years of experience, most of it in an international environment. He is responsable for 15,000 seats worldwide and has an infrastructure budget of $ 80,000,000.
His wage is certainly above $ 100,000 (+ stock, bonus, company car, and all the classic extra's).

Does this give you an indication for his chances to get approved?


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## Fatbrit (May 8, 2008)

Bevdeforges said:


> According to the information on the US Embassy website, the E1 visa:
> Executives and managers who have already been employed by a U.S. company’s affiliate, parent, subsidiary, or branch. No labor certification is required, but the prospective employer must provide a job offer and file a petition with the DHS.
> (For the rest of the information, check here: Employment Based Immigrant Visas)
> 
> ...


No! Not a solution for the OP, I.m afraid.

E1 and E2 visas are methods for transferring company personnel over to the US. However, they must be for companies with trade links between the US and the home country only, and they do NOT provide for permanent residency. These visas for this use are popular with Japanese and Korean companies where the employee will undoubtedly be returning to their home country. So there is no labor certification

The E3 visa is for Australian citizens only.


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## emohit (Apr 15, 2008)

The EB-1 visa will work for your husband only after he is in the USA.

To be in the USA, your husband's company needs to transfer him here. If you are thinking of him finding a new job here, then come here and then get the EB1 category Green Card, It will not work. Why? Because for coming here, without a transfer, he needs a H1B (which is over for this year). Also for getting an H1B, the would be employer needs to prov

The best bet is that he gets a transfer to the USA from the current employer and then applies for GC under EB1.

All the best.


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## EVHB (Feb 11, 2008)

emohit said:


> The best bet is that he gets a transfer to the USA from the current employer and then applies for GC under EB1.


I know that that's the easiest way, but that's no longer an option. The company is in a financial crises. They had to lay off a lot of people, and they are still re-organising. So no relocations for the next few years.


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## Fatbrit (May 8, 2008)

EVHB said:


> I know that that's the easiest way, but that's no longer an option. The company is in a financial crises. They had to lay off a lot of people, and they are still re-organising. So no relocations for the next few years.


If you can find 0.5M USD hanging around, you can always buy the green card. The money will be tied up for a long time with no guarantee of return. But the family will all have green cards and can work for whom they please.


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## twostep (Apr 3, 2008)

Fatbrit said:


> If you can find 0.5M USD hanging around, you can always buy the green card. The money will be tied up for a long time with no guarantee of return. But the family will all have green cards and can work for whom they please.



Bad hair day?


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## Fatbrit (May 8, 2008)

twostep said:


> Bad hair day?


Nope -- just offering the OP a realistic alternative.


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## twostep (Apr 3, 2008)

EVHB said:


> I know, nowadays everbody call 'manager' or 'director'.
> 
> For what it's worth: he is a Global Account Manager for the Corporate IT-department of a Fortune top 100 Company, has + 20 years of experience, most of it in an international environment. He is responsable for 15,000 seats worldwide and has an infrastructure budget of $ 80,000,000.
> His wage is certainly above $ 100,000 (+ stock, bonus, company car, and all the classic extra's).
> ...


As internal transfer is out of the question right now - finding an employer might be a bit difficult.


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## Fatbrit (May 8, 2008)

twostep said:


> As internal transfer is out of the question right now - finding an employer might be a bit difficult.



And after finding an employer, it still requires a win in the H1b lottery.


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## Bevdeforges (Nov 16, 2007)

Fatbrit, did you take a look at the link I provided? Is it possible we're talking about a couple of different sorts of visas here?

The OP mentioned EB1 and EB2, whereas all I could find on the Paris Consulate site (my main reference, since I've worked with the Paris Consulate folks on a variety of issues and find them to be pretty reliable) were E category visas, listed under the "immigrant visa" category - for "work related" immigrant visas.

Under non-immigrant visas, the E category is for investors and traders.

Then again, I'm living proof that what the Consulate tells you may have no resemblance to what the Immigration authority believes the rules to be... Perhaps the OP will want to consider Canada after all this. (I know I would, if I had the choice to make.  )
Cheers,
Bev


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## Fatbrit (May 8, 2008)

Bevdeforges said:


> Fatbrit, did you take a look at the link I provided? Is it possible we're talking about a couple of different sorts of visas here?
> 
> The OP mentioned EB1 and EB2, whereas all I could find on the Paris Consulate site (my main reference, since I've worked with the Paris Consulate folks on a variety of issues and find them to be pretty reliable) were E category visas, listed under the "immigrant visa" category - for "work related" immigrant visas.
> 
> ...




Confusion reigns on this thread! Let me try and clarify without writing a book....

The EB thingies are employment classifications. Under some circumstances (but NOT the OP's!) they can be used to apply for an immigrant visa.

The E thingies are visas but are NOT suitable given the OP's stated requirements.

I haven't been to the Paris web site. But if it's anything like the London one, I'd take it with a pinch of salt if I were you. We all know federal bodies are not responsible for their inane ramblings!


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## EVHB (Feb 11, 2008)

Fatbrit said:


> I haven't been to the Paris web site. But if it's anything like the London one, I'd take it with a pinch of salt if I were you. We all know federal bodies are not responsible for their inane ramblings!


That’s why I used the USCIS website to find more information. I would think they are right?
And they say: 



> Lawful Permanent Residence ("Green Card")
> If you already know the specific path of immigration you wish to follow, visit one of the following:
> •	Immigration through a Family Member
> •	Immigration through Employment


(Permanent Resident (Green Card) )

At their page "Immigration through Employment"
(Immigration through Employment )
They write:


> Overview
> An immigrant is a foreign national who has been authorized to live and work permanently in the United States. If you want to become an immigrant based on the fact that you have a permanent employment opportunity in the United States, or if you are an employer that wants to sponsor someone for lawful permanent residency based on permanent employment in the United States, you must go through a multi-step process.
> •	First, foreign nationals and employers must determine if the foreign national is eligible for lawful permanent residency under one of USCIS' paths to lawful permanent residency.
> •	Second, most employment categories require that the U.S. employer complete a labor certification request (Form ETA 750) for the applicant, and submit it to the Department of Labor's Employment and Training Administration. Labor must either grant or deny the certification request. Qualified alien physicians who will practice medicine in an area of the United States which has been certified as underserved by the U.S. Department of Health and Human Services are relieved from this requirement.
> ...


My conclusion = 
1) if you are eligible (see further)
2) if you get a labor certification (what you would not need if you are a Priority Worker (EB-1)
3) if USCIS approves your visa petition
4) if you get a visa number from the State Department
5) if you live outside the USA you need to complete the process at your local consulate
Than you receive a work based green card.
It's a green card, not a non-immigrant visa.



> Who’s eligible:
> Eligibility
> There are four categories for granting permanent residence to foreign nationals based upon employment:
> 
> ...


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## Bevdeforges (Nov 16, 2007)

OK, I think maybe you need to talk to your local US Consulate. But on the EB-1 material you quote, it does say: 
Foreign nationals that are managers and executives *subject to international transfer to the United States*

I am fairly sure that means that they must be transfered by their current employer - which, if I read your last couple of messages correctly, his current employer is not willing to do. Finding a new job in the US to qualify for an immigration visa puts your husband in EB2 or EB3 according to the material you quote.

At the level your husband appears to be working, he might do best to simply contact an international headhunting firm (Heidrik Struggles leaps to mind, but they are hardly the only ones). If he gets placed in a job by those folks, the hiring company will handle the visa formalities.
Cheers,
Bev


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## Fatbrit (May 8, 2008)

EVHB said:


> EB-1 Priority workers
> • Foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics


Extraordinary ability is a possibility, I suppose. How many keynote speeches has he given at G7 summits? How many world-class universities use his text books to teach business majors? How long is his biography on Wikipedia? How many leaders of industry have his cell phone number on their Blackberry? (BTW, once heard of a guy getting a green card through extraordinary ability by building doll houses -- presumably they were very good doll houses!)

If you want to pursue this you need an experienced lawyer with a proven track record who makes a realistic assessment of your case. From what you had written so far about your spouse, I'm afraid this route did not even enter my head.


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