Permanent Residency

EB-1: Multinational Executives and Managers

• You may be able to qualify for a fast track Green Card (EB1) if you are an EXECUTIVE or MANAGER who will be employed in the U.S. in an executive or managerial position by a company, or affiliate or subsidiary of a company, which employed you outside the U.S. in a managerial or executive capacity, either: (a) for at least 1 year in the past 3 years, if you are currently outside of the U.S., OR (b) for at least 1 year in the 3 years preceding your entry into the U.S., if you are currently in the U.S.
• The significant advantage of this category is that it you are not required to go through the Labor Certification (PERM) process (which can be time consuming).

Petitioners may submit alternative evidence to establish the employer's ability to pay the proferred wage; however, the USCIS is NOT required to accept the alternative evidence. Some of the key rules regarding alternative evidence are summarized in the following statement from a USCIS Memorandum:

The USCIS adjudicators are required to make a positive ability to pay determination in anyone of the following circumstances:

1. NET INCOME: The initial evidence reflects that the petitioner's net income is equal to or greater than the proffered wage.
2. NET CURRENT ASSETS: The initial evidence reflects that the petitioner's net current assets are equal to or greater than the proffered wage.
3. EMPLOYMENT OF THE BENEFICIARY: The record contains credible verifiable evidence that the petitioner not only is employing the beneficiary but also has paid or currently is paying the proffered wage.

This is according to a USCIS Memorandum, by William R. Yates, Associate Director for Operations, Determination of Ability to Pay under 8 CFR 204.5(g)(2), dated May 4, 2004.

The PRIMARY evidence that the USCIS looks to in determining the employer's ABILITY TO PAY is the following:

1. In cases involving employers which employ less than 100 workers, the primary evidence consists of ANNUAL REPORTS, FEDERAL TAX RETURNS, or AUDITED FINANCIAL STATEMENTS, OR
2. In cases involving employers which employ 100 or more workers, the employer may provide a STATEMENT from a financial officer of the organization which establishes the prospective employer's ability to pay the proffered wage.

All U.S. Permanent residency (“green card”) petitions filed by or for an employment based immigrant, which require an offer of employment, MUST BE accompanied by evidence that the prospective U.S. employer has the ability to pay the proffered wage. This section of this website addresses various issues related to the employer's “ability to pay”.

This section addresses various issues which are common to to Employment Based Green Cards.

14.  Metropolitan Milwaukee Association of Commerce (MMAC)

Approved: May 1, 2007

Address: 756 N. Milwaukee Street

  Milwaukee, WI 53202

Phone/fax: 414-287-4100

Geographic Area: The seven (7) counties of southeastern Wisconsin:  Kenosha, Milwaukee, Ozaukee, Racine, Walworth, Washington, and Waukesha (including Targeted Employment Areas within the cities of Racine and Milwaukee, Wisconsin. Focus of Export/Economic Growth Activity:  Business and professional services; Financial activities and business process services; Health services and medical technology; Manufacturing; Printing and printing support; Wholesale Trade and distribution; and Hospitality and Entertainment.

Point of Contact: Timothy R. Sheehy, President

13.  Global Century Development Group I, LP (Global Century)

Approved:  April 18, 2007

Phone/fax:

Geographic Area: The contiguous geographic area of Houston’s Chinatown encompassing the Tax Increment Reinvestment Zone #15 (TIRZ), a 60-block area bounded by Preston Street on the North, Dowling Street on the East, St. Joseph parkway on the South, and Chartres Street on the West. Focus of Export/Economic Growth Activity:  will concentrate on financing and developing commercial and mixed-use real estate within the GCRC geographic area in the following five (5) target industries: Hotel and Hospitality; Retail; Mixed Use Residential; Commercial Office; Restaurant & Entertainment.

Points of Contact:  Mr. Dan Nip, President

Global Century Development Group I, LP

12. CMB Export LLC      

Approved: August 15, 1997 

Reaffirmed by USCIS:  April 18, 2007

Contact: 

Address:   Address of Regional Center

Corona Professional Center, 400 S. Ramona Avenue, Suite
212AA,

Corona, CA 91719

Phone/fax: 800-238-8022

Geographic Area: CMB Export LLC development area which is
related to former military bases  located in the counties of Sacramento, San
Bernardino and Riverside CA Focus of Export/Economic Growth Activity: export activity
related to development of military bases; air cargo, sea port development as export
centers

Point of Contact: Patrick F. Hogan, President 

CMB Export LLC

11. Pennsylvania Department of Community & Economic

Development Regional Center

Approved:   April 13, 2007

Address:  Department of Community and Economic Development 

Harrisburg, PA 17120 

Phone/Fax: (718) 624-7850

10. Vermont Agency of Commerce and Community Development 

Approved:    June 26, 1997

Reaffirmed by USCIS: March 19, 2007

Address:  National Life Bldg., Drawer 20,  Montpelier, VT  05620

Phone:   (802) 828-5202 

Geographic Area:  State of Vermont

Focus of Export/Economic Growth Activity:  Export-related
companies; tourism, hospitality and Commercial Resorts Development.

Point of Contact: John Kessler, General Counsel

9. Whatcom Opportunities Regional Center, Inc. (WORC,
Inc.)  

Approved:    October 13, 2006

Address:   P.O. Box 2803

Bellingham, WA 98227

1305 11th Street, Suite 301

Bellingham, WA 98225

Geographic Area:  the legal boundaries which constitute Whatcom
County, Washington.

Focus of Economic Growth Activity: capital investments and
job creation in assisted   

living facilities for the elderly within Whatcom County 

Point of Contact:   Rob Pochert, CEcD, EDFP, Executive
Director

   K. David Andersson, Attorney

8.  Mayor's Office of Economic Development (New Orleans)    

Approved:    January 18, 1994

Reaffirmed by USCIS: February 16, 2007

Address:   Mayor's Office of Economic Development

      1515 Poydras Street, Suite 1150

      New Orleans, LA 70112

Phone/fax:       Office: 504-658-0919

Geographic Area:   Orleans Parish and the City of New
Orleans

Focus of Export/Economic Growth Activity: International
Trade Center; export-related companies

Point of Contact:  Chase Story, International Liaison

    504-658-0919

E-mail: cstory@mayorofno.com

7.  The Redevelopment Agency of the City of Vernon Regional Center                                        

Approved:   December 27, 2005

Address:  4305 Santa Fe Avenue   

   1500 Market Street

   Vernon, CA 90058

Phone/Fax:  (215)496-8020; (215)977-9618

Geographic Area:  The legal boundaries which constitute the
city of Vernon, CA.

Focus of Economic Growth Activity:  Food Products processing
and manufacturing; apparel manufacturing; transportation and warehousing;
household furniture and furnishings. 

Point of Contact:   Bruce V. Malkenhorst, Executive
Director     

Lincoln Stone,  Attorney

6. Capital Area Regional Center

Approved: November 25, 2005

Geographic Area: Legal boundaries of the District of Columbia (Washington, DC) and the contiguous adjacent areas of Montgomery and Prince Georges Counties in Maryland, Arlington and Fairfax counties in Virginia, and the city of Alexandria, VA.

Focus of Economic Growth Activity: Mixed hotel, retail, office and residential space; a soccer stadium; conference center space, and industrial space.

Current Project: Diversified RE Fund- Watergate Hotel & Condominium Project

Officers
Michael R. Sears, Founder & Managing Principal
John Tung, Founder & Managing Principal
Michael L. Kolodner, Managing Principal
Yu Ping, Ph.D. Managing Principal

5. Iowa Department of Economic Development (IDED) 

Approved:       December 2004

          Address:    200 East Grand Avenue

      Des Moines, Iowa 50309

           Phone/Fax:    (515)242-4700/(515)242-4809

       Geographic Area:  77 Rural and Small Urban Counties
in Iowa

       Point of Contact:    Mr. Michael T. Blouin, Director,
IDED

4. The Gateway Freedom Fund/AKA: Golden Rainbow Freedom
Fund

Approved: February 5, 1996

Endorsed by USCIS (via case approvals): March 26, 2007

Address: 18034 13th Street, Seattle, WA 98177

Geographic Area: 1) As Golden Rainbow Freedom Fund, air
cargo and

manufacturing facility in Jackson County, Oregon; 2) As
Gateway: City of Seattle

Neighborhood Reinvestment Area in Seattle, Washington

Focus of Export/Economic Growth Activity: air and ocean
cargo facilities; and manufacturing; warehouses

3. South Dakota International Business Institute   

Approved:     April 8, 2004

Reaffirmed by USCIS:   July 18, 2005 and December 12, 2006

Dairy Economic Development Region (SDIBI--DEDR)

Address:  711 East Wells Avenue

   Pierre, South Dakota 57501-3369

Phone/Fax: (605)773-5032; (605)773-3256

Geographic Area:  The 44 rural counties in eastern South
Dakota

Point of Contact:    Mr. Joop Bollen

 2. Philadelphia Industrial Development Corporation  

Approved:   February 28, 2003

Reaffirmed by USCIS:  April 23, 2004 

Address:  2600 Centre Square West, 1500 Market Street, Philadelphia, PA 19102-2126

Phone/Fax:  (215)496-8020; (215)977-9618

Geographic Area:  Philadelphia County, PA

Focus of Economic Growth Activity:  Tourism convention and
visitor services through the hotel, restaurant and hospitality industry;  commercial
office space renovation and leasing; merchandise import and export sales; investment in
high-tech start up companies as well as information and bio-tech enterprises; and
trucking and warehousing and transportation enterprises.

Point of Contact:   Robert A. Fina, Senior Vice President;
Thomas Rosenfeld, Attorney

For EB5 Investors, investing in "Regional Centers" provides key advantages. We have compiled a list of "Active" EB5 Regional Centers.