EB-1 – Executive or Manager

Multinational Executives & Managers

A company wishing to retain or permanently transfer a multinational executive and manager with its company may elect to sponsor the foreign national for permanent residence in the United States. In order to qualify under this employment based category for permanent residence, the following criteria must be satisfied:

• The foreign national must have been employed for at least one full year (out of the past three years) in a multinational executive and manager capacity for the company, legal entity, subsidiary, or affiliate;
• Will enter the U.S. to continue to provide executive and managerial function to the U.S. company; and
• Executive and managerial capacity must be demonstrated and clearly defined.

Executive capacity factors considered:

• Primarily directs the company’s management, or function or component;
• Establishes policies and goals for the company;
• Exercises unfettered latitude in discretionary decision making;
• Guided by general direction or supervision from senior level executives, stockholders, or board of directors.

Managerial capacity factors considered:

• Manages the component, subdivision, function, department, or organization;
• Controls and supervises other professional, managerial or other supervisory employees. Alternatively, manages an essential function for the component, subdivision, function, department, or organization;
• Authorizes hiring, firing and recommending personnel action and if there is no direct supervision, then the individual functions at a senior level; and
• Ability to exercise discretion over day-to-day functions or activity.

The criteria are stringent and it is common for the USCIS to require additional information to satisfy the requirements. Please contact our office for assistance in preparing a multinational executive and manager petition.

How to Apply

The sponsoring company will need to file form I-140 (Immigrant Petition for Alien Worker) along with the following evidence:

1. Statement from the employer abroad confirming the foreign national’s employment with the company, which include the dates of employment (one of the past three years must have been employed in an executive or managerial capacity with the company) and a detailed description of the job duties of the executive and manager;
2. Evidence that the company is operating abroad; and
3. Detailed statement from the U.S. employer as to the job offer, the capacity and duties the foreign national will be employed in. Note the U.S. employer must have been doing business for at least one full year.

If the foreign national is already in the U.S. on an L-1A visa, he or she may file for adjustment of status from L-1A holder to lawful permanent residence (“greencard”).

For expedited processing at USCIS, please contact our office to determine if premium processing is available and/or whether it would be advantageous to concurrently file for adjustment of status for this category.

Dependents

The spouse and unmarried children under 21 years will derive permanent resident status with the principal.