Quick Overview of EB1-C Multinational Executives or Managers
Introduction of EB1-C
North America Immigration Law Group highly specializes in EB1-based immigration petition. The third group in priority workers is for multinational executives or mangers who have been employed abroad in the same corporation. This group makes use the most visas from the annual allotment. In order to qualify as a multinational executive or manager under this preference, the applicant, during the three years preceding the application, must have been employed for at least one year by the same multinational firm or other business entity (affiliate, parent, subsidiary, or branch of the U.S. employer) that employs them in the United States. Furthermore, the applicant must seek to continue rendering services to the same employer in a managerial or executive capacity.
Labor Certification not Required
As a subcategory of priority workers, labor certification is not required for international managers and executives.
Self-petition not Allowed
Under the USCIS rules, the U.S. employer must file the petition for the manager or executive transferee. The petition must be accompanied by a statement from the U.S. employer affirming all of the pertinent requirements, including a description of the job duties to be performed by the foreign executive/manager in the United States, the job duties performed by the foreign executive/manager abroad, and the periods of employment by the foreign executive/manager abroad.
A petition for a multinational executive or manager must be accompanied by a statement from an authorized official of the petitioning United States employer that lists the period of time the foreign executive/manager worked for the overseas company, the relationship between the overseas and the U.S. companies and the time the U.S. company does business in the U.S.
Appropriate Additional Evidence
In appropriate cases, the director may request additional evidence to determine managerial or executive capacities.
Requirements of the U.S. Petitioning Company
USCIS rules require that the prospective employer in the United States be the same employer or a subsidiary or affiliate of the firm or corporation or other legal entity by which the foreign executive/manager was employed abroad.
There is no specific requirement as to the size of the petitioning company or its gross business volume. But USCIS regulations require that the employer be conducting business in two or more countries, one of which is the United States, either directly or through affiliates or subsidiaries. In addition, the company must have been in business in the United States for at least one year prior to the fling of the immigrant visa petition.
What if an Overseas Company was Acquired a U.S. Company?
There is no requirement that a qualifying relationship exist between the U.S. and foreign entity for a period of one year prior to the filing of the EB1-C petition. The regulations only require that the U.S. entity must have been doing business for at least one year. As a result, a U.S. entity that has been acquired by a foreign corporation may immediately file a first preference petition on behalf of a manager or executive who worked for the foreign entity in a qualifying capacity for the requisite period of time.
Qualifications of a “Manager“
In order to be qualified as a manager, the applicant must satisfy several requirements. Usually, first-line supervisors are excluded from the statutory definition of a manager unless the employees supervised are professionals. Staffing levels are to be considered in relation to the reasonable needs of the business and its stage of development.
The law defines a manager as someone who:
- Manages a corporation, department, subdivision, or function.
- Supervises and controls the work of other supervisory, professional, or managerial employees, or else manage essential functions.
- Has the authority to make personal decisions as to hiring and termination, or else function at a senior level, or
- Exercises discretion over the day to day operations of the activity or function for which he or she has authority.
Qualifications of an “Executive“
An applicant is qualified as an executive if he/she satisfies the following requirements:
- The person must manage an organization, major component, or function
- The person has the authority to establish goals and policies
- The person has wide latitude and discretionary decision making authority or
- The person receives only general supervision from higher executives, board of directors, or stockholders
The definition also includes executives who perform tasks necessary to produce the product or provide the service offered by the organization if the executive is also a professional, such as an engineer or architect.
One out of Three Year Working Requirement
With regard to the length of employment abroad, the USCIS permits the foreign person to have worked for one year out of the preceding three years for the employer abroad, and the regulations do not foreclose the possibility of aggregating employment time during the preceding three-year period in order to attain the one-year requirement.
Alternative to EB-5 (Foreign Investors)
EB1-C would permit an owner of a business enterprise to immigrate to the United States so long as he/she would otherwise satisfy the substantive eligibility requirements. In a situation in which the prospective employee was also an owner of the business that would hire him/her, the USCIS will scrutinize the petition very closely. This category represents an important alternative to EB-5 visa. Proper planning by a qualified investor can result in issuance of a permanent residency visa without the necessity of investing substantial money in a new enterprise.