1. The Basic Requirements of EB1 Multinational Executive or Manager Green Card Petition

Under EB1 Multinational Executive or Manager (EB1C) Green Card category, the employer must file the petition for the beneficiary, and the employer must be a legal entity such as a firm, a corporation, or an affiliate or subsidiary of a foreign company. Furthermore, the employer must have done business in the U.S. for at least a year, and that both the U.S. division and the foreign division must be doing business on a regular, systematic and continual basis.

When the filing the case, the employer must prove that, first, the beneficiary has worked for the employer for at least one year in the preceding 3 years in a managerial or executive capacity at the time of the filing. Second, the person must continue to work for the same employer, or affiliate or subsidiary. Third, the person has worked for the employer in a managerial or executive capacity before entering the U.S. The U.S. Citizenship and Immigration Services (USCIS) does not allow first-line supervisor to qualify under this category, and it has much discretion in determining whether the beneficiary is actually working in a managerial or executive capacity. 

To qualify as “Managerial Capacity” the beneficiary must primarily:

1) Manages the organization, or a department, subdivision, function, or component of the organization;

2) Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization;

3) Has the authority to hire and fire or recommend those as well as other personnel actions, such as promotion and leave authorization, if another employee or other employees are directly supervised, or if no other employee is directly supervised, functions at a senior level within the organizational hierarchy or with respect to the function managed; and

4) Exercises direction over the day-to-day operations of the activity or function for which the employee has authority.

The term “Executive Capacity” means that the beneficiary primarily:

1) Direct the management of the organization or a major component or function of the organization;

2) Establish the goals and policies of the organization, component, of function;

3) Exercise wide latitude in discretionary decision making; and

4) Receive only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization.

2. The Request For Evidence (RFE) for EB1 Multinational Executive or Manager Green Petition

An person who primarily performs the tasks necessary to produce a product, or to provide services, is not considered to be employed in a managerial or executive capacity. Operational tasks such as to develop, design, market, and sell the employer’s products do not qualify as managerial or executive duties neither. Other relevant factors considered by USCIS when making the decision are the nature of the business of the employer, and the number of employees employed by the employer.

The requirements for multinational executives or managers are similar to the requirements for L-1 nonimmigrant visa, with the exception that “specialized knowledge” is not required under EB1. Thus, in the EB1C petition, if the beneficiary entered the U.S. with L-1A visa, then the person may generally qualify for EB1 Green Card petition through the multinational executives or managers category.

After the USCIS Form I-140 - Petition for an Immigrant Worker submission, it is not very rare that the petitioner receives a Request For Evidence (RFE) notice from an USCIS Service Center. In some occasional situations, a few petitioners may receive a letter of Intent to Deny (ITD). The possibility that an EB1C petition may get RFE changes from one USCIS Service Center to another USCIS Service Center.

For EB1C Green Card application, the burden of proving eligibility for the benefit sought remains entirely on the petitioner, and the petitioner has to meet that burden. When your EB1C Green Card petition has been poorly documented, you may get a notice of unfavorable decision from the USCIS, a written statement of the reasons for the negative outcome, and an explanation of how to appeal.

3. The Emphasized Requirements for EB1C Green Card Petition and Its RFE

To reply an USCIS issued Request For Evidence, you should know what are the USCIS requirements for EB1C Green Card petition. To qualify for the EB-1 Multinational Manager or Executive Green Card, an alien applicant must prove all of the following:

1) There must be a U.S. company or organization that is active and conducts regular and systematic operations

A U.S. company or organization must be established for at least one year and must be active. Its operations must occur on a regular, ongoing basis. Applicants must provide evidence of activity, such as the business registration, lease or deed for business premises, occupational license, photographs of the business premises and operations, proof that the business has employees (such payroll tax records), advertising, receipts for business expenses, invoices, contracts, and recent financial information (such as balance sheets, financial statements, company income tax return, and recent bank statements for the company).

2. There must be a company or organization located outside of the U.S. that is active and conducts regular and systematic operations

The applicant must provide evidence that a company or organization located outside the U.S. is currently active and conducts business on a regular, ongoing basis. This foreign company or organization must continue to be active for the duration of the applicant’s EB1 application. Once the Green Card is approved, it does not matter if the foreign employer is no longer active.

3. The U.S. Employer and the Foreign Employer must be related entities

To be “related entities,” the U.S. employer and the foreign employer must be affiliates, or one should be the subsidiary of the other. To qualify as affiliates, the same individual or groups of individuals must own a controlling interest (at least 50%) in both the U.S. employer and the foreign employer. To qualify as a subsidiary, the foreign employer must own the U.S. employer or vice versa. Evidence must be provided to show who owns the U.S. employer and the foreign employer, such as U.S. and foreign company income tax returns and stock certificates.

4. The alien applicant must have worked for the foreign employer for at least 1 full year as an executive or manager

The alien applicant must prove full time employment by foreign employer for at least one continuous year. The alien applicant should have received some form of compensation during the year of employment abroad. Company payroll records or tax forms must be provided as evidence of employment. The applicant must also prove that he or she worked as an executive, or manager-level employee. These terms are complicated, but are extremely important.

5. The alien applicant must work for the U.S. employer as an executive or manager NOW and AFTER the Green Card is approved

The alien applicant must show that he or she currently works as an executive or management-level employee. The easiest way to qualify as an executive or as a manager is to show that the applicant supervises one or more professional-level workers, or supervise some supervisors, who in turn supervises one or more regular workers.

The USCIS likes to deny EB1 Multinational Manager or Executive Green Card applications if it believes that the alien applicant is not a manager or executive, but instead is a “front-line supervisor” (someone involved in regular operations who supervises non-professional workers). For the same reason, problems also can occur if U.S. employer has no employees, or the company is very small. USCIS often asks who provides the goods and services offered by the company, and it should not be the alien beneficiary. 

Also, the alien applicant must fill a senior position within the company or organization. The applicant should provide evidence that he or she is qualified to work in the position offered. This includes a resume, relevant diplomas and reference letters from prior employers.

6. The U.S. employer must prove that it has the “ability to pay” the alien applicant at the time the Green Card application is filed, AND at the time the application is approved

The U.S. employer must provide its tax return at the time the Green Card application is filed. It may also have to provide its tax return later, while the application is being processed. The tax return must show that either the U.S. employer’s net income (profit) or net assets are greater than the salary offered to the alien applicant. In the alternative, the U.S. employer can provide evidence that the applicant is already on its payroll, and already receives the wage offered in the Green Card application.

4. A Summary of  USCIS' Requirements for EB1C in RFE Notices

For many EB1C RFE requests, USCIS wants to make sure the beneficiary can meet the basic requirements for obtaining EB1C Green Card:

• The employee must have worked abroad for the overseas company for continuous period of one year during the preceding three years;

• The employee must have been employed abroad in an "executive" or "managerial" position;

• The employee must be coming to the U.S. company to fill one of these capacities - executive or managerial;

• The employee must be qualified for the position by virtue of his or her prior education and experience;

• The U.S. employer should have ability to pay the beneficiary.

In many RFE requests, USCIS also wants to make sure the petitioner can meet the basic requirements for sponsoring the EB1C Green Card:

• The U.S. company must be related to a foreign company in a specific manner, such as parent/subsidiary, sister companies with common parent;

• The company must be a qualifying organization - one that is doing business in the United States and one other country throughout the entire period of Green Card application;

• The U.S. employer has been doing business for at least one year.

5. Get Help for Your RFE Response, and Eventually Obtain Your Green Card Approval in EB1 Multinational Executive or Manager Category

If you get a Request For Evidence (RFE) notice for your EB1 Multinational Executive or Manager Green Card petition from an USCIS Service Center, it is necessary that you must work hard to provide requested evidence in a short time, and persuade the USCIS adjudicators to approve your case. It is critical to appropriately and proficiently reply the Request For Evidence. Incorrect response of the RFE will directly result in your EB1C Green Card petition rejection.   

To help you replying the RFE, we provide the high quality and case-proven "Complete Do-It-Yourself Package of Request For Evidence (RFE) for EB1 Multinational Executives or Managers (EB1C)" In the RFE package, we present methods of analyzing RFE questions, RFE replying strategies, means of strengthening your case, detailed RFE cases analysis, sample cover letters, and more. With the RFE package, you get all the information you need and step-by-step knowledge and strategies of how to prepare an efficient, professional, and complete response to your RFE notice of EB1 Multinational Executive or Manager Green Card petition, and eventually get your Green Card approval.

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