The company has to agree to file under EB-1C. However, it would be important to take a look at your husband's resume to see if he has another way to file the green card. It may be possible for him to file in two other self-sponsoring classifications. In order to know if we can do this we need to review a copy of your spouse's most recent resume.
In order to determine eligibility for EB1 filing, you need a full consult with a competent immigration attorney. The two categories are very different in terms of legal criteria. EB1 is reserved for multinational executives who meet specific criteria, researchers or persons of extraordinary ability (a very high legal standard.)
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