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Legal Requirements:
Multinational
executives and managers may apply U.S. Permanent
Residency in this classification if the following legal
requirements are satisfied.
A qualified U.S.
employer that relates to the foreign business entity in
one of the following ways:
One of two subsidiaries
both of which are owned and controlled by the same
parent or individual;
One of two legal
entities owned and controlled by the same group of
individuals, each individual owning and controlling
approximately the same share or proportion of each
entity; or
In the case of a
partnership that is organized in the United States to
provide accounting services.
Can be a newly formed
U.S. Employer.
The transferee Executive
capacity means an assignment within an organization in
which the employee primarily
*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 of the
organization.
No labor certification
is required for this classification. The prospective
employer in the United States must furnish a job offer
in the form of a statement which indicates that the
alien is to be employed in the United States in a
managerial or executive capacity. Such letter must
clearly describe the duties to be performed by the
alien.
EB1C Multinational
Executives and Managers Document Preparation
(1) If the alien is
outside the United States, in the three years
immediately preceding the filing of the petition the
alien has been employed outside the United States for at
least one year in a managerial or executive capacity by
a firm or corporation, or other legal entity, or by an
affiliate or subsidiary of such a firm or corporation or
other legal entity; or
(2) If the alien is
already in the United States 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 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 or a
subsidiary or affiliate of the firm or corporation or
other legal entity 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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