1. The Requirements for
Multinational Executives and Managers Under the EB1
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 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 first preference category. However, there is no
such equivalent of 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 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
management of employees is not essential to qualify for classification in
this immigration category.
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/her assigned activities. A
first line supervisor cannot be considered a manager unless the employees
he or she supervises are professionals.
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