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The Multinational Managerial or Executive EB-1(c) petition allows international companies to transfer top-level executives and managers to the U.S. as permanent residents.
The following requirements must be satisfied:
- The candidate must have been employed for one year within the past three years by either the oversees affiliate, parent, subsidiary or branch of the U.S. employer and she must work in the United States in a managerial or executive capacity; and
- The company must conduct business within the United States and another country in the regular, systematic, and continuous provision of goods or services; and
- The company must have been in existence in the United States for at least one year.
The Managerial Capacity requirement is met if the alien can prove that he/she personally:
- Manages the organization, department, component, or function;
- Supervises and controls the work of other supervisory, managerial, or professional personnel;
- Has authority to make personnel hiring/firing decisions; and
- Exercises discretion over day-to-day operations or function.
The Executive Capacity requirement is met if the alien can prove that she primarily:
- Directs management of an organization, major component, or function;
- Establishes goals and policies;
- Exercises wide latitude in discretionary decision-making; and
- Receives only general supervision from higher executives, the board of directors, or stockholders.
Example:
Joseph has been working for the Paris office of Company V for two years. Joseph is Vice-President of Marketing and is being relocated to the U.S. for four years to assume responsibility for developing the marketing goals and policies for the U.S. territory. Joseph has full discretion over all factors involved in establishing the new marketing standards and is responsible for ensuring its success.
Joseph qualifies as a Multinational Executive since he is personally responsible for outlining Company V's U.S. marketing goals and has the authority to execute the necessary steps.
For more information on EB-1, please refer to the following links:
Description
Extraordinary Ability (EA)
EA Documents
Outstanding Researcher (OR)
USCIS Defines “Permanent Employment” in EB-1(b)
OR Documents
Executive Transferee (ET)
ET Documents
Extraordinary Ability vs. Outstanding Researcher
Frequently Asked Questions about EB-1(a)
Frequently Asked Questions about EB-1(b)
Success Stories
Services that We Provide for EB-1(a)
Services that We Provide for EB-1(b)
Services that We Provide for EB-1(c)
Attorney's Fees
Articles & News on EB-1
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