Work based green card - EB-1

[twostep]

Originally Posted by EVHB

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?

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

[Fatbrit]

Originally Posted by twostep

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.

[Bevdeforges]

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

[Fatbrit]

Originally Posted by Bevdeforges

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

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!

[EVHB]

Originally Posted by Fatbrit

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.
• Third, USCIS must approve an immigrant visa petition, Form I-140, Petition for Alien Worker, for the person wishing to immigrate to the United States. The employer wishing to bring the applicant to the United States to work permanently files this petition. However, if a Department of Labor certification is needed the application can only be filed after the certification is granted. The employer acts as the sponsor (or petitioner) for the applicant (or beneficiary) who wants to live and work on a permanent basis in the United States.
• Fourth, the State Department must give the applicant an immigrant visa number, even if the applicant is already in the United States. When the applicant receives an immigrant visa number, it means that an immigrant visa has been assigned to the applicant. You can check the status of a visa number in the Department of State's Visa Bulletin.
• Fifth, if the applicant is already in the United States, he or she must apply to adjust to permanent resident status after a visa number becomes available. If the applicant is outside the United States when an immigrant visa number becomes available, he or she will be notified and must complete the process at his or her local U.S. consulate office.

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:

EB-1 Priority workers
• Foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics
• Foreign national that are outstanding professors or researchers
• Foreign nationals that are managers and executives subject to international transfer to the United States

EB-2 Professionals with advanced degrees or persons with exceptional ability
• (…).

EB-3 Skilled or professional workers
(…)

EB-4 Special Immigrants
(…)

[Bevdeforges]

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

[Fatbrit]

Originally Posted by EVHB

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.