Employment Based Green Cards

Sponsoring Employment-Based immigration petition for Self-Employment: EB-2 or EB-1 I-140

Question details

I have an EB3 I-140-based EAD currently. If I set up a software firm for myself, can I sponsor EB2 or EB1 I-140 for myself? The main reason why I want to sponsor myself is I would not be under the constant fear that my employer may withdraw my I-140 for one or other reason. I will be able to work for myself. Is there any rule that stops me from filing an employment-based immigration petition for myself?

 

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FAQ Transcript

The answer is largely No, except under limited EB-1C circumstances.

Recording for July 27, 2023 Conference Call with Rajiv S. Khanna

Immigration.com

FAQs: Can I omit a previous experience in PERM filing and I-140 transfer between companies? || Sponsoring Employment-Based immigration petition for Self-Employment: EB-2 or EB-1 I-140 || H-1B visa holder working remotely from India: Permissibility of working for an Indian company and also starting a business in India || Starting a new venture as an H-1B visa holder: Establishing an LLC/CCORP and Involvement as a Board Member and Founder

EB-1C (International Managers and Executives): Eligibility for H-1B managers in the USA

Question details

I started working in the USA at my current company as a technical engineer, and they sponsored my GC application under the EB2 category. Recently, I was promoted to a manager position where I now oversee a team of 10 individuals. I'm wondering if I qualify to apply for a GC under the EB1 category based on my managerial role.

What are the available avenues to pursue a GC under EB1 as a manager in my current situation?

 

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FAQ Transcript

The answer is yes, but remember, EB-1C requires that you have worked for a branch or a sister company affiliate of this company outside the U.S. for one year as an executive or managerial employee, or equivalent.