EB 1-3 Visa
Multinational Executives and Managers
The EB 1-3 Visa allows for multinational executives and managers to obtain permanent residency in the United States. The EB 1-3 Visa offers many advantages compared to other immigrant visas, including not requiring a labor certification.
Who Can Obtain an EB 1-3 Visa?
Only individuals who are executives or managers for a company that is multinational (or has affiliates who are multinational) are able to use the EB 1-3 Visa. Although a company must be multinational, it does not need to be large. Both small and large businesses are able to use this visa.
What are the Requirements for EB 1-3 Immigrant Status?
A qualifying applicant must seek to be employed by a company in a managerial or executive position. Additionally, the applicant must have worked for that same company (or its affiliate or subsidiary) for at least one year in the last three preceding years. The one year of qualifying work must have been outside of the United States.
If an applicant is already in the United States, it may be possible to qualify by using any of the three years prior to the applicant’s entrance into the United States.
The above are the basic requirements of the EB 1-3. Additional requirements exist, and can be outlined by an EB 1-3 visa attorney.
EB 1-3 Visa
Multinational Executives and Managers:
Frequently Asked Questions
Which family members can an EB 1-3 visa holder help? How?
The principal EB 1-3 visa petitioner can immediately provide permanent residency immigration status to his or her spouse and minor children. A minor child is considered someone under the age of 21 and unmarried. The qualifying spouse and children will be able to work and study in the United States. Additionally, if otherwise qualified, both the spouse and children will be able to become American citizens after five years.
Can an EB 1-3 Visa holder self-petition?
No. Unfortunately, an EB 1-3 applicant cannot self-petition. Only EB 1-1 Visa applicants and National Interest Waiver applicants can self-petition. An EB 1-3 Visa applicant must be sponsored by a qualifying employer.
Who can be an EB 1-3 Visa Applicant’s Employer?
An EB 1-3 Visa holder’s employer must be a multinational company that has a branch, affiliate or subsidiary outside of the United States. The company must maintain its multinational reach throughout the entire process.
What Employment Activities May an EB 1-3 Visa Holder Perform?
An EB 1-3 Visa holder must be an executive or manager at the qualifying company.
Does an applicant have to be in the United States to apply for EB 1-3 Visa?
No. An EB 1-3 visa applicant does not need to be in the United States to apply. However, an applicant can be in the United States when he or she applies.
How long must a EB 1-3 Visa holder wait until becoming a U.S. citizen?
An immigrant who becomes a lawful permanent resident through an EB 1-3 Visa must normally wait five years before becoming a naturalized U.S. citizen. However, an EB 1-3 visa holder who is thinking about becoming a naturalized U.S. citizen should consult a naturalization attorney to ensure his or her eligibility before applying.
A spouse or child of the primary EB 1-3 must also normally wait five years before naturalizing.
What other options might an EB 1-3 Visa Applicant Have?
A person who is eligible for EB 1-3 Visa status may be eligible for other immigrant categories that provide sufficient options to the applicant. Although much more difficult to obtain, it may be advantageous for an applicant to file an EB 1-1 Visa. Individuals may also be able to obtain a national interest waiver.
Applicants may also obtain nonimmigrant visas, including the L-1 Visa or H-1B Visa.
If you are thinking of applying for an EB 1-3 visa, first sit down with an attorney who can lay out the best immigration options for you.
