Attorney Jane Xu (jane.xu@hooyou.com)

Multinational senior executives (L1A) and high-level technical professionals (L1B) play a crucial role in driving global business success. For these professionals, obtaining a U.S. green card can be essential for expanding their career opportunities and maintaining a competitive edge in today’s global market. Below, we will discuss the green card options available to these individuals.

In most cases, if a U.S. employer wishes to retain a foreign employee under L1A status in the U.S. on a permanent basis, the most common and effective option is the EB-1C category, which is employer-sponsored. EB-1C falls under the employment-based first preference category and is one of the fastest tracks to a green card. For individuals with L1B status, who do not meet the criteria for EB-1C, employers can sponsor their green card through the EB-2 or EB-3 categories via PERM labor certification.

In practice, some employers maintain strict policies regarding green card sponsorship. For example, employers might prefer to rotate employees rather than keep them permanently in the U.S., or they may only provide green card sponsorship to a very small number of high-level executives who have reached a certain level within the organization. Consequently, an employee may consider the EB-2 National Interest Waiver (NIW) option. A green card obtained under NIW offers greater flexibility regarding employment changes. Unlike EB-1C or PERM—which require a job offer and thus impose restrictions on changing employment—NIW is a self-petition that does not require a job offer. This means that employees can change jobs at any time—before, during, or after the NIW application—as long as they continue working in the same field. Below is a summary of the key requirements and differences between EB-1C and NIW.

EB-1C (Multinational Manager or Executive)

• Eligibility:
  EB-1C is designed for managers or senior executives in multinational companies. Applicants must have worked at an overseas branch of the company for at least one year during the past three years.
  
  
• Requirements:
  The application requires a U.S. employer sponsor, as the applicant must be transferred to a related U.S. company to serve in a managerial or executive capacity. The focus is primarily on the applicant’s management experience and the inter-company relationship rather than individual achievements.

NIW (National Interest Waiver)

• Eligibility:
  NIW is tailored for individuals who have made outstanding contributions in fields such as science, technology, engineering, medicine, business, or education.
  
  
• Key Features:
• No employer sponsorship is needed—the applicant can self-petition.Applicants who are not currently working for a U.S. employer can also apply.
• Applicants must demonstrate that their work benefits the national interest of the United States by significantly promoting economic, healthcare, technological, or social development.
• The emphasis is on personal achievements and contributions rather than on employment ties or corporate structure.

Choosing the Right Path

• EB-1C:
  For applicants who are multinational company executives and meet the stringent EB-1C requirements—with robust employer support—this route is often the most stable option.
  
  
• NIW:
  For high-tech talent, including scientists, engineers, doctors, and entrepreneurs who may not have access to employer sponsorship or do not currently work in the U.S., the NIW offers a more flexible alternative. It focuses on the intrinsic value of one’s contributions to the nation.

Case Examples:

Case One: Mr. Huang

Mr. Huang is a Subsea Well Intervention and Abandonment Engineer working for a global oil and gas company. He has a Bachelor's in Geological Engineering and over 15 years of industry experience, marked by multiple internal awards and a track record of significant technological innovations. One of His developed technologies has increased production by 2 million barrels of oil per year, adding over $100 million in annual sales.

• EB-1C Ineligibility:
  Due to his role as an L1B specialty knowledge employee, Mr. Huang did not qualify for EB-1C.
  
  
• NIW Attempt:
  Opting for the NIW, Mr. Huang showcased his exceptional education, extensive experience with Shell, and strong professional recognition through expert letters, awards, and outstanding performance reviews. Despite the common occurrence of Requests for Evidence (RFE) in NIW cases, his well-crafted petition secured approval without an RFE.

Case Two: Mr. Ugah

Mr. Ugah is an Operational Integrity Manager at a subsidiary of a global oil services company. He earned a Bachelor’s degree in Engineering from the University of Lagos and boasts over 18 years of experience in the oil and gas industry, including 15 years with his current employer. His work includes deploying global digital technologies for oil and gas operations and developing extraction policies.

• EB-1C Ineligibility:
  Working in Houston, Texas as an L-1B, Mr. Ugah did not meet the criteria for EB-1C as he did not have a sponsorship from his employer for an EB-1C.
  
  
• NIW Strategy and Outcome:
  Motivated by personal reasons—ensuring better employment prospects for his high school-aged daughter in the U.S.—he applied for NIW. His application highlighted major achievements such as:
  
  
• Developing innovative methods for deep offshore well execution, which have been adopted by major companies like Chevron and ExxonMobil, saving millions in drilling costs.
• Pioneering the first use of fiber optic technology in a major project for Shell Petroleum Development Company in an African country, which increased production by approximately $200 million annually.
• Implementing a permanent downhole monitoring system that not only greatly boosted production but also significantly enhanced operational safety.

His outstanding achievements led to NIW approval within three months, with the entire green card processcompleted within two and a half years.

Conclusion

For many multinational executives and high-level technical professionals, the EB-1C pathway may not be feasible—often due to company policies against sponsoring green cards. In contrast, the NIW offers a flexible and appealing alternative by focusing on the applicant’s intrinsic contributions and national benefits, without the need for employer sponsorship. Consequently, NIW has become the preferred choice for many successful professionals seeking to advance their careers in the United States.

Attorney Jane Xu is the managing partner of Zhang & Associates, P.C. With over two decades of experience in business immigration law, she has successfully handled thousands of immigration cases with unique expertise on EB1 and NIW.  If you are considering to apply for a green card application, please contact Attorney Jane Xu at jane.xu@hooyou.com.

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Founded in 1996, Zhang & Associates, P.C. offers legal services to clients worldwide in all aspects of U.S immigration law. We have successfully handled over ten thousand immigration cases.

At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, I-485 I-130, H-1B, O, L and J cases. In the past over twenty years, we have successfully helped over ten thousand clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.

Zhang & Associates, P.C.

Chicago • Houston •Seattle 

Tel:	1-800-230-7040, 713-771-8433
Email:	info@hooyou.com
website:	http://www.hooyou.com

 

(02/24/2025)