Work based green card - EB-1

[EVHB]

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:

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
• Foreign nationals of exceptional ability in the sciences, arts or business
• Foreign nationals that are advanced degree professionals
• Qualified alien physicians who will practice medicine in an area of the U.S. which is underserved. Read more about this particular program.

EB-3 Skilled or professional workers
• Foreign national professionals with bachelor's degrees (not qualifying for a higher preference category)
• Foreign national skilled workers (minimum two years training and experience)
• Foreign national unskilled workers

EB-4 Special Immigrants
• Foreign national religious workers
• Employees and former employees of the U.S. Government abroad

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?

[Bevdeforges]

Originally Posted by EVHB

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

[twostep]

"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.

[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?

[Fatbrit]

Originally Posted by Bevdeforges

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

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.

[emohit]

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.

[EVHB]

Originally Posted by emohit

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.

[Fatbrit]

Originally Posted by EVHB

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.

[twostep]

Originally Posted by Fatbrit

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?

[Fatbrit]

Originally Posted by twostep

Bad hair day?

Nope -- just offering the OP a realistic alternative.