EB-1C Multinational Executives and Managers
Multinational companies conducting business in the U.S. and abroad may sponsor certain employees for Permanent Resident status as multinational managers or executives. The Employer must demonstrate that the alien was employed by the company (or its affiliate, parent or subsidiary) in a managerial or executive capacity outside the U.S. for at least one year out of the three years immediately preceding the transfer. For those cases where the alien is already in the U.S., the Employer must demonstrate that the alien was employed by the company (or its affiliate, parent or subsidiary) outside the U.S. in a managerial or executive capacity for at least one year out of the three years immediately preceding the nonimmigrant entrance into the U.S. The definitions of "manager" and "executive" for the EB-1 C category mirror those of the L-1 nonimmigrant category. Please note that "Specialized Knowledge" transfers are not included for permanent transfer in this category.
What is the Definition of Multinational Executives and Managers?
"Managerial capacity" means that the individual:
- 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;
- If s/he directly supervises other employees, the Multinational Manager has the authority to hire and fire or recommend such actions. If s/he does not supervise others, the Multinational manager functions at a senior level within the organizational hierarchy or with respect to the function managed; and
- Exercises direction over the day-to-day operations of the activity or function.
In determining managerial or executive capacities, please note that first-line supervisors are not considered to be acting in a managerial capacity merely by virtue of their supervisory duties. Where staffing levels are used in determining if the position is managerial or executive, the reasonable needs of the organization, component or function in light of the overall purpose and stage of development of the company shall be considered. An individual is not considered to be acting as a manager or executive merely on the basis of the number of employees that s/he supervises, directly or indirectly.
Qualifications of Multinational Executives and Managers (EB-1C)
- Multinational Manager or Executive must show that he or she were employed by a company affiliated with your current U.S. employer as a manager or executive outside the U.S. for at least one year out of the three years before your transfer to the United States.
- This process requires the individual to have a permanent job offer from the U.S. company to work in an executive or managerial position