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:Just as with other types of immigrant visas, there are two different ways to go about obtaining an EB-1C visa: adjustment of status (AOS), if the immigrant is already in the United States, or consular processing. The following petition papers must be collected and sent to the USCIS by the petitioning employer:
The Form I-140 (Petition for Alien Worker). This can be downloaded for free from the USCIS web page.
A supporting letter of employment from the U.S. employer, verifying that the alien will be working for them in the United States in the necessary capacity.
Other documentary evidence required for the petition.
Upon approval of the I-140, the alien beneficiary files for AOS (Form I-485) or goes through consular processing to obtain their visa. For more information on consular processing and adjustment of status, please click here.
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.
(Updated 10/11/2012 by AG)
For more information on EB-1C Green Card, please refer to the following links:
For more information on EB-1 Green Card, please refer to the EB-1 Green Card information page.