Bird Technologies Group, Inc. v. United States Citizenship and Immigration Services, et al.
The United States is home to an increasing number of multinational companies that sell their products and services in the global marketplace. Under our immigration laws, employment-based visas are available to certain managers or executives of these multinational companies who have worked in either capacity outside of the United States for the time required by law. Multinational companies file petitions with United States Citizenship and Immigration Services (USCIS) on behalf of managers or executives who, if USCIS approves the petitions, may eventually be eligible for permanent residence in the United States.
Plaintiff Bird Technologies Group, Inc. (BTGI) – a multinational company headquartered in Ohio with several U.S. and foreign subsidiaries – has challenged the denial of an immigrant petition filed on behalf of a BTGI manager whom BTGI employed in Brazil as a manager for nearly nine years. USCIS denied the petition because BTGI was not incorporated in Brazil, and did not have a subsidiary or affiliate in Brazil. BTGI argues that it need not be incorporated in, or have a subsidiary or affiliate in Brazil to petition for a manager 1) BTGI employed abroad directly for the required statutory period, and 2) will continue to employ as a manager in the United States.
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