US Visa Options for Managers
There are different US visa programs for international executives and managers who want to live and work in the USA.
Some of these are non-immigrant US visa programs, such as the L-1 Work Visa and H-1B Work Visa, which allow a skilled foreign worker to live and work in the USA for a limited length of time.
The EB-1C Immigrant Visa and Green Card offer US permanent residency to live and work in the USA for an unlimited amount of time, with the option to become an American citizen after five years.
This article will provide an overview of US visas for managers and executives, so keep reading to learn the essential details.
Table of Contents
L-1 International Executives & Managers Visa
General requirements of the L-1 Visa:
- The L-1A Visa is a non-immigrant US work visa for international executives and managers who are intracompany transferees.
- The L-1A Visa allows a foreign executive or manager to transfer to an affiliated office in the United States or to establish an affiliated office in the US if one does not currently exist.
- The foreign executive or manager must have been working full-time abroad continuously for an eligible organization for at least one year during the previous three years and must be relocating to the USA in order to work as an executive or manager of the organization’s US office or to establish a US office if one does not exist.
- Application for the L-1A Visa usually starts with the sponsoring employer in the United States filing the Form I-129 Petition for Non-Immigrant Worker with US Citizenship and Immigration Services (USCIS).
Who qualifies as a manager for the L-1A Visa?
- A manager, as regards the L-1A Visa, is an employee who manages the organization and/or supervises the work of the organization’s employees.
- What are the criteria for classifying an individual as an L-1A executive?
- An executive, as regards the L-1A Visa, is an employee who can make decisions without much oversight which affect the organization.
How much education and experience are required for an L-1A Executives or Managers Visa?
- There is not a specific educational requirement for the L-1A Visa.
- The L-1A applicant must have been working abroad full-time continuously for an eligible organization for at least one year during the previous three years.
What is the period of stay in the USA with the L-1A Visa?
- The period of stay if relocating to the US to establish an office is one year.
- The period of stay for all other eligible employees is three years.
- Requests for an extension of stay in the USA can be made for up to two years each time.
- The maximum stay in the USA (including extensions) is seven years.
- The spouse and dependent children (unmarried and under 21 years of age) of the L-1A Visa holder can apply for the L-2 Non-Immigrant Visa to live in the USA.
- Note – The L-1A Visa is a ‘dual-intent’ non-immigrant US work visa that has an option to apply for a Permanent Resident Green Card through adjustment of status for those who satisfy the eligibility requirements.
H-1B Visa
General requirements for the H-1B Visa:
- The H-1B Visa is a temporary non-immigrant US work visa for individuals in specialty occupations.
- Applicants must possess a practical and theoretical body of knowledge that is highly specialized.
- Applicants must have at least a Bachelor’s Degree or equivalent in the specialized field from an accredited US university or college or hold a foreign degree that is equivalent to a US Bachelor’s Degree or higher.
- Applicants will need to possess a license, certification or registration to practice the specialized occupation in the state where the foreign worker will be employed (if one is required).
- The US job that is being applied for must be a specialized occupation that requires at least a Bachelor’s Degree or the equivalent.
- Application for the H-1B Visa usually starts with the sponsoring employer in the United States filing the Form I-129 Petition for Non-Immigrant Worker with US Citizenship and Immigration Services (USCIS).
- The spouse and dependent children (unmarried and under 21 years of age) of the H-1B Visa holder can apply for the H-4 Non-Immigrant Visa to live in the USA.
What is the period of stay in the USA with the H-1B Visa?
- The period of stay is initially up to three years.
- The H-1B Work Visa can be renewed for up to three additional years (for a total of six years maximum).
- Note – The H-1B Visa is a ‘dual-intent’ non-immigrant US work visa that has an option to apply for a Permanent Resident Green Card through adjustment of status for those who satisfy the eligibility requirements.
EB-1C Visa Certain Multinational Executives and Managers
What is the EB-1C Visa?
- The EB-1C Visa is a US Employment-Based (EB) Immigrant Visa that offers a United States Permanent Resident Green Card to certain multinational executives and managers.
Offer of employment:
- An applicant for the EB-1C Immigrant Visa and Green Card must receive a qualifying offer of full-time employment from an employer in the United States for an executive or managerial position.
Requirements for EB-1C Manager or Executive Visas:
- The applicant must have been working as an executive or manager for a company outside of the United States for one full year during the previous three years.
- An applicant for the EB-1C Immigrant Visa and Green Card must receive a qualifying offer of full-time employment from an employer in the United States for an executive or managerial position.
- The US employer must have been conducting business as a legal entity in the USA for a minimum of one year and also have a qualifying relationship to the applicant’s employer abroad (for example, parent company, branch office, subsidiary, affiliate).
How to apply for the EB-1C Manager or Executive Visa:
- Application for the EB-1C Visa generally starts with the US employer filing the Form I-140 Immigrant Petition for Alien Workers with USCIS.
- After the I-140 Petition is approved, the foreign worker will file the Form DS-260 Immigrant Visa Electronic Application with the US State Department and pay the filing fee.
- An interview will be scheduled at the American Embassy or Consulate, where biometrics will be taken, a consular official will ask some questions and the required supporting documents must be provided.
- If approved for US immigration, the EB-1C Immigrant Visa will be placed on a page of the applicant’s valid passport and he or she will then need to pay the online Immigrant Fee to USCIS so the plastic Permanent Resident Green Card can be sent to the designated address in the United States.
- The new US permanent resident will need to enter the United States while his or her EB-1C Immigrant Visa is still valid, which is usually up to six months after it is approved.
- The immigrant will carry the plastic Green Card long-term while living in the USA as official identification and proof of Lawful Permanent Resident (LPR) status.
Processing time for the EB-1C Visa:
- The processing time for the EB-1C Visa is approximately 8-16 months.
Approval rate for the EB-1C Visa:
- The I-140 Petition approval rate in Fiscal Year 2022 for the EB-1C was 74.7 percent.
What are the benefits of an EB-1C Visa?
- Living in the USA in any of the 50 states for an unlimited length of time
- Working in the US for an unlimited time period
- Sponsoring eligible family members for a US Permanent Resident Green Card
- Having the opportunity to buy a home and/or start a business in the USA
- Traveling to and from the United States according to the regulations
- Obtaining a driving license in the US state of residence
- Visiting any of the 50 states in the USA
- Enjoying equality and freedoms in the US that are protected by law
- Getting access to world-class US education programs
- Receiving Social Security benefits once the criteria are satisfied
- Applying for US citizenship after living in the USA 5 years and meeting other criteria
Opportunities for the EB-1C Visa holder’s family:
- The spouse and dependent children (unmarried and under 21 years of age) of the EB-1C Immigrant Visa holder can also apply for an Immigrant Visa and Green Card to live, study and work in the USA for an unlimited time period, as well as to get access to the other benefits reserved for US permanent residents.
Conclusion
If you are seeking a US visa for managers, there are a few options such as the L-1A and H-1B temporary non-immigrant US work visas, as well as the EB-1C Immigrant Visa and Permanent Resident Green Card.
Both the L-1A and H-1B US non-immigrant work visas have ‘dual intent’ which means they are temporary work visas with an option to apply for a Permanent Resident Green Card through adjustment of status if the applicant satisfies the criteria.
It is worth noting that there are many other US visa programs that offer a temporary non-immigrant work visa or a permanent immigrant visa and Green Card.
Each US visa program has its own eligibility requirements and application procedure.
How can you know which US visa program is right for you and your family?
USAFIS can provide you with a US Visa Assessment that will inform you about your best options to legally live in the USA.
For customers who qualify, USAFIS also makes available guidance in preparing the supporting documents required for the application process.
Since 2001, USAFIS has been offering beneficial services to people around the world to help make the US relocation process as easy as possible.
Frequently Asked Questions (FAQ’s)
What is the L-1A Visa and how does it relate to managers?
The L-1A is a non-immigrant US visa for managers and executives who will relocate to the USA in order to work at a company in the United States that is a parent company, affiliate, subsidiary or branch office of a company that they have worked for outside of the USA for at least one year in the previous three years. The L-1A is also a non-immigrant US visa for managers or executives of multinational companies who will relocate to the USA in order to establish a branch office, subsidiary or affiliate company there if one does not exist.
Can a manager apply for an H-1B visa?
Yes, a manager can apply for an H-1B non-immigrant US work visa if he or she satisfies the eligibility requirements, which generally include having a specialty occupation, at least a Bachelor’s Degree and a qualifying offer of full-time employment from an eligible employer in the United States for a specialty occupation that usually requires at least a Bachelor’s Degree or the equivalent to perform. Other criteria must also be satisfied.
What is the EB-1C Visa and how is it relevant to managers?
The EB-1C is an employment-based US visa for managers and executives that offers a United States Permanent Resident Green Card to those who satisfy the criteria, which includes receiving a qualifying offer of full-time employment as a manager or executive from an eligible employer in the United States. The applicant must also have at least one year of full-time experience in the past three years as a manager or executive working full-time for a company outside of the United States that has a qualifying relationship (e.g., parent company, branch office, subsidiary, branch office) with the petitioning employer in the USA.
Can a manager with extraordinary abilities apply for the O-1 Visa?
Yes, a manager can apply for an O-1 non-immigrant US work visa if he or she satisfies the eligibility requirements. The O-1 Visa is for persons with extraordinary achievement in the film and television industry that is recognized internationally or nationally or those with extraordinary ability in athletics, the arts, business, education or the sciences (i.e., individuals with a high level of expertise who are among the top in their field). In order to apply for the O-1 Work Visa, a person will generally need to receive a qualifying job offer from an eligible employer in the United States; the US employer will need to file the Form I-129 Petition for Non-Immigrant Worker with USCIS and the required supporting documents will need to be provided; after USCIS approves the Petition, the skilled foreign worker will apply for the O-1 Work Visa at the American Embassy or Consulate. All of the governmental fees will also need to be paid. The O-1 Visa is initially valid for up to 3 years and can be renewed for up to one year at a time if the criteria are satisfied. The spouse and dependent children (unmarried and under 21 years of age) of the O-1 Visa holder can apply for the O-3 non-immigrant visa.
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