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 Priority Worker 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.
 
“Managerial capacity” means that the individual:

1. Manages an organization, department, subdivision, function or component of the organization;
2. Supervises and controls the work of other supervisory, professional or managerial employees, or manages an essential function;
3. 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
4. Exercises direction over the day-to-day operations of the activity or function.

 
“Executive capacity” means that the individual:

1. Directs the management of the organization or a major component or function of the organization;
2. Establishes the goals and policies of the organization, component or function;
3. Exercises wide latitude in discretionary decision-making; and
4. Receives only general supervision or direction from higher level executives, the board of directors or stockholders.

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.
 
Process

An I-140 immigrant visa petition is filed with the USCIS. The petition is accompanied by a letter detailing the managerial/executive duties of the position in the U.S. as well as the individual’s qualifications as a manager/executive within the sponsoring organization abroad. Evidence of the relationship between the U.S. and foreign company must be submitted. Organizational charts and other evidence showing the hierarchy of the positions is required. Evidence of the company’s ability to pay the offered wage must also be submitted. While the petition is pending or if/when the petition is approved, the employee is eligible to submit an application for the immigrant visa at a U.S. Consulate or apply for adjustment to Permanent Resident status through the USCIS. Please refer to other sections of our website for information on these processes.

 
This information is intended for clients of Jackson & Hertogs only. This is not intended to provide legal advice to non-clients of this firm. Nor will we respond to inquiries from non-clients. You should seek your own legal counsel in these matters.