Green Cards Through Employers
3. EB-1C — Multinational Managers and Executives
This pathway is particularly interesting for professionals who have worked for multinational companies.
The basic idea is that a qualifying multinational organization may transfer a manager or executive to the United States and, under the applicable requirements, potentially pursue permanent residence through EB-1C.
This makes the category relevant to people who have worked in:
* International corporations
* Multinational technology companies
* Global consulting firms
* International manufacturing businesses
* Large financial organizations
* Other qualifying multinational companies
It is not simply a matter of saying:
“I manage a team, so I qualify.”
The employment history, relationship between the companies, managerial or executive duties and other requirements all matter.
But for someone building an international corporate career, this can be a pathway worth understanding early rather than years later.
4. EB-2 Through Employer Sponsorship
The EB-2 category covers certain professionals with advanced degrees and people with exceptional ability in the sciences, arts or business.
For many international workers, this is the more familiar employer-sponsored green card route.
A qualifying employer may sponsor a worker for permanent residence.
In many cases, the process involves the Department of Labor’s PERM labor certification process before the employer moves forward with the immigrant petition.
The Department of Labor explains that PERM is used by employers seeking to permanently employ foreign workers and it do requires the employer to test the U.S. labor market under the applicable rules.
This route can make sense for professionals such as:
1. Engineers
2. IT professionals
3. Scientists
4. Financial professionals
5. Architects
6. Other professionals whose qualifications fit EB-2
The important point is that having an advanced degree does not give you a green card instanta.
An eligible category is only the beginning of the process.
5. EB-2 National Interest Waiver (NIW)
Now, we get to one of the more interesting options for international professionals.
The EB-2 National Interest Waiver, commonly called the NIW, can allow certain qualifying applicants to seek a green card without the usual employer sponsorship and labor certification requirements.
But there is something interesting here:
You have to qualify first for the underlying EB-2 category generally as a professional with an advanced degree or as someone with exceptional ability.
Then you must satisfy the requirements for the national interest waiver.
According to USCIS A NIW petitioner must first establish eligibility for EB-2 and then meet the additional NIW requirements.
This route can be particularly relevant to people whose work has broader importance, such as professionals working in areas involving:
* Scientific research
* Healthcare
* Technology
* Engineering
* Entrepreneurship
* Education
* Other areas where their proposed work may have substantial merit and national importance
The key word is national interest.
A person should not pursue an NIW simply because they do not want an employer involved.
The case needs to satisfy the applicable legal standard.