You may be able to qualify for a fast track Green Card (EB1) if you are an executive or manager who will be employed in the U.S. in an executive or managerial position by a company, or affiliate or subsidiary of a company, which employed you outside the U.S. in a managerial or executive capacity (a) for at least 1 year in the past 3 years if you are currently outside of the U.S., or (b) for at least 1 year in the 3 years preceding your entry into the U.S. if you are currently in the U.S.
The significant advantage of this category is that it you are not required to go through the Labor Certification (PERM) process. This petition must be filed by your employer, however. The qualifications for this category depend on whether or not you are currently in the U.S.
- If you are outside the U.S.:
- you must have been employed outside the U.S. for at least 1 year in the past 3 years in a managerial or executive capacity; and
- the same firm or corporation or other legal entity, or its affiliate or subsidiary, must intend to employ you in the U.S. in the same managerial or executive capacity on a permanent basis.
- If you are already in the U.S.:
- you must have been employed outside the U.S. for at least 1 year in the 3 years preceding your entry into the U.S. as a nonimmigrant, in a managerial or executive position;
- by the same employer, firm or corporation or other legal entity, or its affiliate or subsidiary, which intends to employ you in the U.S. in the same managerial or executive capacity on a permanent basis.
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