CASE: I-485 / I-140 (EB-1C Category: Executives and Managers of Multinational Organizations)
APPLICANT: Filipino Executive
LOCATION: Las Vegas, NV
Our client is the CEO of a multinational adventure travel company in Las Vegas. He is from the Philippines, and has worked for its parent company as an Executive. He came to the United States in January 2015 on a L-1A visa to open a new office. Our client eventually retained us for his I-140 EB1C and subsequent I-485 adjustment of status application.
An employer can petition for its foreign employee under INA § 203(b)(1)(C) if it demonstrates the following: (C) Certain multinational executives and managers – An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien’s application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.
According to the INA §101(a)(44), 8 U.S.C. §1101(a)(44) and 8 C.F.R §204.5(j)(2), “executive capacity” means an assignment in an organization in which the employee primarily: (1) Directs the management of the organization or a component or function; (2) Establishes goals and policies; (3) Exercise wide latitude in discretionary decision making; and (4) Receives only general supervision or direction from higher level executives, board of directors or stockholders.
Also, above the mentioned statutes define “managerial capacity” as an assignment with the organization in which the employee personally: (1) Manages the organization, department, subdivision, function or component; (2) Supervises and controls the work of other supervisory, professional or managerial employees, or manages an essential function within the organization or department or subdivision of the organization; (3) Has authority to hire and fire or recommend personnel actions (if another directly supervises employees), or if no direct supervision, functions at a senior level; and (4) Exercises discretion over day-to-day operations of the activity or function.
After our office was retained, we prepared a thorough cover letter and obtained all necessary supporting documents from our client and the petitioning company. In our brief, we clearly demonstrated that our client met the requirements set forth in the INA §203(b)(1)(C). First, the prospective U.S. employer (Petitioner-Company) has been doing business for at least 1 year. Second, the prospective employer (Petitioner) in the United States is the same employer or a subsidiary or affiliate of the firm or corporation or other legal entity by which the alien was employed abroad. Third, if the worker is already employed in the United States, he or she was employed outside the United States for at least 1 year in the 3 years preceding admission as a non-immigrant in an executive or managerial capacity by the petitioner or by its parent branch, subsidiary, or affiliate. Last, the alien is to be employed in the United States in a managerial or executive capacity.
In this case, the Petitioner-company has been doing business for 3 years in the United States. In addition, Petitioner-Company is the wholly-owned subsidiary of its Filipino parent company where our client was employed for 6 years. Moreover, our client was employed outside the U.S. for at least 1 year in the 3 years preceding admission as a non-immigrant in an Executive or Managerial Capacity by the Petitioner’s parent company in the Philippines. Our client served as an executive for the parent company. Lastly, our client is to be employed in the United States as a president for the petitioner.
On the application package, we included a detailed job offer letter, employment verification letter from our client’s previous employer (parent company), an organization chart, and a dispatch order. Also, we included evidence regarding the relationship between the Petitioner-Company and its Parent company in the Philippines. The evidence included a copy of the certificate of ownership, a copy of the articles of incorporation, a copy the business registration certificate, a copy of the financial statements. The I-140 Petition was filed on September 11, 2017. On July 11, 2018, the I-140 petition was approved with no Requests for Evidence.
While the I-140 petition was pending, our office filed the I-485 adjustment of status applications for him and his wife. Everything went smoothly and the receipt notices and fingerprint appointment came on time.
Prior to the interview, we thoroughly prepared our client via conference call as well. On April 8, 2019, our client was interviewed at Las Vegas, Nevada USCIS office. Eventually, on May 1, 2019, our clients’ green card applications were approved.