This category of Green Card is available to those who are working for a business or company anywhere in the world that currently has an office in the USA, or would like to open an office in the USA, and wants to transfer a member of staff to the existing or pending US branch. “Company” also refers to nonprofit organizations.
To qualify in this category, the alien must have been employed by the overseas parent, subsidiary or affiliate company for at least one year out of the preceding three years and must be coming to work in the United States in a managerial or executive capacity.
The relationship between the overseas and US offices may be that of branch, subsidiary, affiliate or joint venture partner. Typically, one common person or business entity must own at least 50% of both the overseas and US companies, although other qualifying ownership scenarios are possible. The two entities do not have to be in the same type of business. The overseas office must remain in operation while the Green Card process is under way. The alien may apply directly for a Green Card. No labor certification is needed.