EB1-3 (Priority Worker Visa for Foreign Managers and Executives)
The
EB1-3 visa classification is available
to individuals who have been employed with a company abroad
in a managerial or executive capacity for at least one year
within the last three years, and who seek to work for a related
United States parent, subsidiary, or affiliate of an overseas
employer in a managerial or executive capacity. The applicant
must meet the US Citizenship and Immigration Service (CIS) definition
of a "manager" as someone who manages the organization,
a department, subdivision, function or component of the organization,
supervises other managerial employees, and has the authority
to hire and fire employees that come directly under his supervision.
If the person does not supervise any employees, s/he must hold
a senior level within the company with respect to the function
managed.
The
definition of an "executive" includes one who directs
the management of the organization or a major component or function
of the organization, establishes the goals and policies of the
organization, component or function, and possesses a wide range
of decision making power.
The
application for the EB1-3 visa petition
must be filed with the US Citizenship and Immigration Service
(CIS) office. Once approved, the applicant, his/her spouse and
children under 21 years of age can apply for their immigrant
visas through adjustment of status in the United States or consular
processing at a U.S. Consulate abroad.
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