It's Illegal to promote H1-B to Management

I've seen multiple H-1B's get promoted to management. It totally illegal and should be reported. Yea, I'm talking to YOU! Here is the statute. NOTE: That you have to come here as an execute, NOT BE PROMOTED.

EB-1C Eligibility for H-1B
According the the USCIS, the EB-1C is a green card with very specific requirements.

The petitioner must be a U.S. employer who has been conducting business at a foreign entity in a foreign country for at least one consecutive year.

You must have worked for this employer abroad for at least one consecutive year in the 3 years prior to filing your petition.

You must be coming to the U.S. to work as a manager or executive for that employer.

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Or maybe put your focus on being a better candidate so you don’t have to be hateful towards H1Bs?

@pib — FINALLY FINALLY FINALLY... from an expert. We now know that promoting H-1B to management is illegal. THANK YOU! If you are reading this.... make a complaint to the US Dept. of Labor. It's the only way to stop this illegal activity.

@pib+16vo27VC Got it correct. Its legal if you file an amendment and get it approved.

@imb - tell me... is it illegal for companies like NIKE to promote H-1B employees to management?

@skx, if someone already has green card, basically he/she can do any job unless it requires clearance like some government jobs. Getting promoted as green card holder is never an issue.

But if someone is not in U.S., and brought here as a manager and in the same time applying Eb1c (the green card category for executives), then yes, they have to be working abroad for the same company for two years and come to U.S. as a legit manager.

There is a loophole: lots of Indian consultant company (ICC) give so-called manager titles to junior people, apply Eb1c green card for them, although these people never manage anyone in life. And you may also want to know that many officers in USCIS don't really get good education to distinguish real managers from "named" managers. In a way I understand, because there are many Indian folks waiting for green card, and the backlog is too long in Eb2 and Eb3, Eb1c becomes a short cut for them (Eb1a,b is more challenging to get).

If you are frustrated of employment based immigrants, look at the number of family based immigrants, the number is much larger. At least for employment based, people pay high taxes and build this country indeed...

I agree wit @pib. However, degrees, green cards and working abroad (1 year) are required to move into management. This is not what I have seen. H-1Bs are promoted to management. From what I have read, unless you apply and get reclassified, that is illegal. Wrong? There is probably a loop hole here that allows Nike to do this.

I think you mix up H1B with green card (i.e. permanent residency). H1B is a working visa, and yes, it doesn't allow job code change. But if a H1B holder is getting promoted or change job code, or change location, his/her employer need to file an amendment with USCIS. So if the employer is doing so, it is legal to promote a H1B.

As for green card, there are multiple categories, Eb1 (including Eb1a, Eb1b, Eb1c), Eb2 ( including NIW: National Interest Waiver), and Eb3. These are the most common one for highly skilled employees, kinda pathway from H1b to green card. Eb4 is religion based and Eb5 is capital investment based.

I got my PhD in U.S., lucky enough to win the H1b lottery (85,000 quota out of over 200,000 applications). Spent 4 months to diy my application to EB1b green card. A little note of EB1b: it is the Outstanding Researcher category (Eb1a has ever higher standard), one need to prove this person is the top 5% or so in the professional field, either have lots of high impact publication, patents, media coverage, and/or awards, recommendation letters, sometimes high salary can also be used as an evidence), my petition documentation was longer than my PhD dissertation, over 350 pages. So I guess I might have a better understanding of this topic than OP.

So go and do something about it then. For f—’s sake, why do you need to talk about is so f—ing much

OP, why is that bothering you so much? What is eating at you? Do you have an idea that could help people? Relax, have a drink and try a positive thought process.

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