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  • EB-1C requirements

    Hello Everyone,
    I hope someone could shed some light on my case.
    Background:
    - I came to work in the United States for the US branch of a European company in 2006 with a E1 Visa (which is still my Visa), after working a little more than a year in the European HQ
    - Since then I worked in US office (as the president, it's a 120M$ company), however my job contract has always been and still is with the European HQ (they pay me in euro, etc), I am not employed by the US office

    So, if we start a petition for a EB-1C (multinational manager - executive):
    - considering that I am still employed by the foreign company (even thou I am physically present in US), would that be ok with the requirement "You must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization" ?
    - assuming that is ok, is there any way I can maintain my current employment with the foreign company even if the US subsidiary is petitioning for the green card? In other words: is there any requirement for the level of salary of the job offer from the US office? For instance: if I currently make 200k (paid by the european HQ), would it be ok if the US office presents a "symbolic" salary in the offer of 10k, and I still get the rest from the HQ?

    thanks in advance for any help!



  • #2
    In my opinion, you must be physically present in the foreign Country and worked as manager for at least 1 year in last 3 years before entering US in 2006. Just getting paid in Euro while living in US may not make up your case. While applying for green card, you need to give yous address for last 5 years.

    Green card is for future job in US and one of the requirements is that you should be able to support financially and should not become a public charge. Therefore just showing a meager salary of 10K may appear that you are likely to become a public charge.

    #This is not a legal opinion.#

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