The article discusses important questions about change of employer or job while pending an EB-1C.
The EB-1C is a green card category (permanent residency) which allows a US company that has been doing business in the United States for at least 1 year to transfer a multinational manager or executive from its related entity abroad to the US. The manager or executive must have been employed abroad by an affiliate, subsidiary or parent of the US company for 1 year in the past 3 years prior to entering the United States.
In many ways the EB-1C is similar to the L-1 visa, but while it is similar it is important to understand that the EB-1C is not the same as L-1 visa. Even more, being in the United States on an L-1 visa does not guarantee that you will be successful on an EB-1C petition. A higher standard is generally applied, and there are a few key differences. However, if you are already in the United States on an L-1A visa, the EB-1C can be a natural fit.
Moreover, if you are already working in the United States for the EB-1C employer, the work you perform can be in any category not just L-1. In fact, you can be working on any other visas such as TN visa, H-1B visa, E-2 visa, E-1 visa, E-3 visa, O-1 and others and qualify for EB-1C.
Finally, it is worth noting that you are not required to be in the US already working for the EB-1C employer in order to qualify for EB-1C. Persons currently working abroad can be the beneficiaries of an EB-1C and process it a U.S. Consulate abroad.
Can you change employer on EB-1C?
No, you cannot change employer on an EB-1C and transfer to another unrelated company while your EB-1C is pending. If you change employers and you transfer to an unrelated employer while your EB-1C petition is pending, then your new employer must file a new EB-1C petition for you if the legal requirements are met.
To qualify for an EB-1C with the new employer you must have worked as an executive or manager for the foreign subsidiary, parent or affiliate of the new employer for 1 year in the last 3 years prior to entering the United States and the new employer must have been doing business in the US for at least 1 year and maintain a qualifying corporate relationship with a foreign entity. In practice this means your choice is limited only to companies that you have worked for as an executive or manager in the past, provided have been doing business in the United States for at least 1 year.
However, if your employer changes because of a corporate restructuring such as a merger, acquisition, spin-off or other corporate event, then you can change employer on an EB-1C and transfer to another related company while the EB-1C pending without having to file a new EB-1C petition.
The corporate restructuring affecting your employer should not impact your pending EB-1C as long as the employer can establish that the US company continues to exist and therefore the change of employer for EB-1C purposes is permissible.
Generally, changes in corporate relationships such as mergers, consolidations, acquisitions, spin-offs and other events do not automatically preclude eligibility for EB-1C for multinational managers and executives. However, it is recommended that such transactions be examined closely by an experienced business immigration lawyer to ensure compliance with applicable law.
Moreover, a change of your foreign employer as a result of a corporate restructuring while the EB-1C petition is pending or prior to filing should not impact a pending EB-1C petition as long as the foreign employer continues to exist and does business through a valid successor entity.
Can I change jobs on EB-1C visa?
Yes, you can change jobs within the same company in the United States as long as you are changing from a manager to an executive or vice versa. To change jobs on an EB-1C visa the employer must file an amended EB-1C petition with USCIS at the time of change.
Similarly, if your job duties change from those of a manager to those of an executive or vice versa, then the change may require an EB-1C amendment filed with USCIS.
Malescu Law can assist
Corporate restructuring events are complex and changing an employer on an EB-1C as a result of corporate restructuring can affect a pending EB-1C petition.
Our business immigration lawyers in Miami, Florida USA can assist with preparing EB-1C petitions involving new employment or change of EB-1C employer or job including through corporate events such as merger, acquisitions and spin-offs. Our immigration law firm can also assist with any other changes to previously approved EB-1C employment.
Malescu Law P.A. – Business & Immigration Lawyers