1. The Requirements for
Multinational Executives and Managers Under the EB1 Immigrant Category
To qualify for a Green Card as an EB1
Multinational
Executive or Manager, the foreign worker must show that he or she was employed by a company affiliated with
the current U.S. employer as an executive or manager outside the U.S. for at least one year out of the three years before
the transfer to the United States.
The requirements for multinational executives and managers under the
immigration first preference are similar to those for executives and managers under the L-1A non-immigrant subcategory. A non-immigrant worker under L-1A status
may generally qualify under the
immigration first preference category. However, there is no
such equivalent of
immigration first preference category for the "specialized knowledge" L-1B
workers.
The basic requirements for multinational executives and managers under the
EB1 first preference are as follows:
a)
the alien must have been employed outside the United States in a managerial or executive capacity for at least one year in the three years prior to the filing of the petition;
b)
if the worker is currently in the U.S. working for the same prospective U.S. employer, the three year period
is the time preceding the worker's entry to the U.S. as a non-immigrant;
c)
the alien's foreign employer must have been the same employer, an affiliate or a subsidiary of the prospective U.S.
employer;
d)
the alien must be coming to the U.S. to work in an executive or managerial capacity;
and
e)
the prospective U.S. employer must have been doing business for at least one
year.
This means that a multinational executive or
manager is the one who has been employed outside the U.S. in a managerial or
executive capacity for at least one of the three years immediately preceding
the filing of the petition.
2. The Requirements of Qualifying
Organization and Qualifying Individual as Transferee
One important requirement for
EB-1C classification is that there must exist a qualifying relationship between the petitioning U.S. company and the foreign company. Not until there is a full measure of proof evidencing that the foreign and U.S. employers belong to the same qualifying organization will the USCIS grant the
EB-1C immigrant classification to the alien beneficiary. In relationship to the foreign company, the U.S. entity may be:
1) Parent company;
2) Subsidiary company;
3) Branch company; or
4) Affiliated company.
Also, the
EB-1C intra-company transferee must have been employed in a qualifying company abroad in a managerial or executive capacity for at least one year within the past three
years. In order to better establish the past duties of a multinational executive or manager abroad, it is advisable to provide a breakdown of the percentage of time that the alien spends on each task, in order to present a clear indication that the alien has been functioning primarily in an executive or managerial capacity within the foreign
organization.
3. The Requirements of a Executive or
Managerial Capacity
The alien's past employment must have been with the
same employer, an affiliate, or a subsidiary of the employer and in a
managerial or executive capacity. The alien must be coming to the
U.S. to work in a managerial or executive capacity for the same company that
is a U.S. employer, and has been in business for one year or more. No Labor
Certification is required for this classification, but the prospective
employer must provide a job offer and file a petition with the USCIS.
If
the alien is outside the U.S., he or she must have been employed outside the
U.S. for at least one year in the past three years in a managerial or
executive capacity by a firm or corporation or other legal entity, or by
its affiliate or subsidiary.
If
the alien is already in the U.S. working for the same employer, or a
subsidiary, or affiliate of the firm or corporation or other legal entity
by which the alien was employed abroad, the alien must have been employed by
the entity abroad in a managerial or executive capacity for at least one
year in the three years preceding his or her entry as a nonimmigrant.
The
alien may supervise and control the work of other supervisory,
professional, or managerial employees, or mange as essential function
within the organization, or a department or subdivision of the
organization.
If an
alien directly supervises other employees, the alien must have the
authority to hire and fire, or to recommend other personnel actions such
as promotions, or leave authorization.
If
the alien does not directly supervise other employees, then he or she must
perform at a senior level within the organization, or with respect to the
function managed, exercising direction over the day-to-day operations of
his or her assigned activities. A
first-line supervisor cannot be considered a manager unless the employees
he or she supervises are professionals.
4. The Requirements of One Year Employment Abroad
as an Executive or Manager
A petition for
EB1 Multinational Executive or Manager must be accompanied by a statement from an authorized official of the petitioning
U.S. employer which demonstrates that:
1) if the alien is outside the United States, for at least one out of the three years immediately preceding the filing of the petition, the alien has been employed with an organization outside the United States in a managerial or executive capacity; or
2) if the alien is in the United States working for the petitioning employer, or a parent, subsidiary, or affiliate organization by which the alien was employed overseas, in the three years preceding entry as a nonimmigrant, the alien was employed by the entity abroad for at least one year in a managerial or executive capacity;
3) the prospective employer in the United States is the same employer, a parent, a subsidiary, or an affiliate of the organization by which the alien was employed overseas; and
4) the prospective United States employer has been doing business for at least one year.
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