Multinational Managers and Executives

Multinational Managers and Executives

by SCwpadmin

Multinational Managers and Executives

Certain executives and managers who have been employed for at least one of the three preceding years by an overseas affiliate, parent, subsidiary, or branch of a U.S. employer can obtain an EB-1 visa to work for the U.S. company as a manager or executive.

Certain multinational executives or managers can obtain Lawful Permanent Residence by showing that they worked in an executive or managerial capacity for at least one year in another country with the parent, subsidiary, or affiliated company of a U.S. company and that they are currently working in a managerial or executive position.  This process requires the individual to have a permanent job offer from the U.S. company to work in an executive or managerial position.

Frequently Asked Questions about Multinational Managers and Executives

WHAT ARE THE QUALIFICATIONS?

To qualify for Lawful Permanent Residence as a multinational manager or executive, you must show that you were employed by a company abroad that is affiliated with your current U.S. employer as a manager or executive for at least one year out of the past three years before your transfer to the United States.

HOW IS AN EXECUTIVE DEFINED?

An executive is defined as someone who:

  • Directs the management of the organization or a major component or function of the organization;
  • Establishes the goals and policies of the organization, component or function;
  • Exercises wide latitude in discretionary decision-making; and
  • Receives only general supervision or direction from higher level executives, the board of directors, or stockholders.

HOW IS A MANAGER DEFINED?

A manager is defined as someone who:

  • Manages an organization, department, subdivision, function or component of the organization;
  • Supervises and controls the work of other supervisory, professional or managerial employees, or manages an essential function;
  • Has the authority to hire and fire or recommend such actions;
  • For those who manage a function of the organization, must be employed at a senior level within the organizational hierarchy and the function managed must be essential to the organization; and
  • Exercises direction over the day-to-day operations of the activity or function.

WHAT IS THE RELATIONSHIP WITH THE L-1 WORK VISA?

The Multinational Manager/Executive category for employment-based Lawful Permanent Residence closely resembles the L-1A visa category. Therefore, many people who qualify for an L-1A visa as a Manager or Executive would also qualify for permanent residency in the United States, without a labor certification application.  Please note that L-1B employees with “specialized knowledge” are not eligible for this type of Permanent Residence petition, unless they meet the above requirements.

WHAT ARE THE ADVANTAGES OVER OTHER “GREEN CARD” OPTIONS?

This option for permanent residency does not require a labor certification. In other words, your employer does not need to show that there are no qualified U.S. workers for the position.  This sometimes speeds up the permanent residency process.

Please Contact us if you would like legal assistance obtaining employment-based permanent residence through the multi-national manager category.

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