Q: What does “doing business” mean?

A: Doing business means the regular, systematic, and continuous provision of goods and/or services by a firm, corporation, or other entity and does not include the mere presence of an agent or office.

Q: What does “executive capacity” mean?

A: 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.

Q: What does “managerial capacity” mean?

A: Managerial capacity means an assignment within an organization in which the employee primarily:

• Manages the organization, or a 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 within the organization, or a department or subdivision of the organization;
• If another employee or other employees are directly supervised, has the authority to hire and fire or recommend those as well as other personnel actions; and
• Exercises direction over the day-to-day operations of the activity or function for which the employee has authority.

Q: What does “multinational” mean?

A: Multinational means that the qualifying business entity, or its affiliate or subsidiary, conducts business in two or more countries, one of which is the United States.

Q: Can an alien file for him/herself under this classification?

A: No. A United States employer must petition for the alien under this classification.

Q: Does the business filing under this classification have to get a labor certification from the Department of Labor?

A: No. Labor certification is not required for this classification. However, there must be an offer of employment from a prospective United States employer.

Q: What initial requirements does the petitioner/company/business have to meet?

A: The prospective employer must be a U.S. employer, demonstrate the ability to pay the proffered wage, is the same employer or a subsidiary or affiliate of the firm or corporation or other legal entity that employed the alien overseas, and has been doing business for at least one year.

Q: How does the employer apply for permanent residency for an alien who is a multinational executive or manager?

A: The employer seeking permanent residency for an alien who is a multinational executive or manager follows the process in the following stages:

Stage 1

The employer files a Petition for Alien Worker, Form I-140, and the offer of employment with USCIS.
Also, it is possible for the alien beneficiary to file the I-485 concurrently with the I-140 if a visa number is available.

Stage 2

Upon approval of the I-140, the alien beneficiary files for adjustment of status if a visa number is available and the individual is in the U.S. If the beneficiary is outside the United States when an immigrant visa number becomes available, he or she will be notified and must complete the process at his or her nearest U.S. consulate office.

Stage 3

If the I-485 is approved, the beneficiary is granted permanent resident status and will be sent a permanent resident card in the mail. If the beneficiary went through the immigrant visa process overseas, the beneficiary enters the United States and receives an endorsed immigrant visa attached to his/her passport at the port of entry to serve as evidence of status until they receive their permanent resident card in the mail.

Q: What evidence can the petitioner provide to demonstrate they meet these initial requirements?

A: The petitioner should provide the following evidences to demonstrate they meet these EB-1C requirements:

• Evidence of the ability to pay proffered wage shall be either in the form of copies of annual reports, federal tax returns, or audited financial statements.
• Evidence of the fact that the petitioner is the same employer and has been doing business for a year shall be a statement that indicates the alien:
• Is to be employed by the same employer by which the alien was employed abroad; and
• The employer has been doing business for one year or more.

Q: What initial requirements or qualifications does the alien beneficiary have to meet?

A: The multinational manager or executive must have:

• Been employed for at least one year outside the U.S. in the three years preceding the petition by the company;
• The employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.

Q: What initial evidence can the employer provide to demonstrate that the alien beneficiary meets these requirements?

A: The employer must provide a statement showing that the employee has:

• Been employed for at least one year outside the U.S. in the three years preceding the petition by the company;
• Engaged in employment outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.

Q: Can the spouse and unmarried children under 21 of a multinational executive or manager gain permanent residency through this classification? If so, what and when can they file?

A: Yes. The spouse and unmarried children under 21 of a multinational executive or manager can gain permanent residency based on the principal alien. Dependents may file Form I-485, Application for Travel Document (I-131) and Application for Employment Authorization (I-765) concurrently or subsequent to principal alien’s I-140 and I-485.

If dependents file after the principal alien files the I-485, dependents must wait until the principal applicant receives a Form I-797, Notice of Action from USCIS. Thereafter, dependents must include a copy of the principal applicant's Form I-797 with their filings. The principal’s Notice of Action will facilitate matching dependent’s subsequent filings with the principal’s file, thereby reducing the chances of delays in the file routing.

For more information on EB-1C Green Card, please refer to the following links:

• Managers and Executive Transferees (EB-1C)
• Requirements of the EB-1C
• Procedure for Filing EB-1C
• Benefits of Filing the EB-1C
• Documents needed for EB-1C
• Comparison between EB-1C and EB-5
• Frequently Asked Questions about EB-1C
• Services that We Provide for EB-1C
• Attorney's Fees
• How will USCIS access EB-1C petitioner company information?--the VIBE program

For more information on EB-1 Green Card, please refer to the EB-1 Green Card information page.