EB1 Multinational Executive or Manager
The EB1 Multinational Executive or Manager Green Card category is for mid- to high-level executives or managers who are transferred from outside the US to an affiliated company in the US, and who meet certain other requirements.
Eligible candidates in this category can avoid the cumbersome PERM Labor Certification process, and can obtain a Green Card (US permanent residence) in a relatively short period of time. The EB1 Multinational Executive or Manager Green Card category is the immigrant version of the temporary L1A Intracompany Transfer Visa category for executives or managers.
A EB1 Multinational Executive or Manager Green Card petition requires sponsorship by a US employer that has a qualifying relationship with an entity outside of the US. In addition, this qualifying relationship between the US employer sponsor and an entity abroad must continue at least throughout the entire course of a EB1 Multinational Executive or Manager Green Card petition.
EB1 Multinational Executive or Manager Green Card Category: Legal Requirements
To qualify in the EB1 Multinational Executive or Manager Green Card category, a candidate must meet the following requirements:
- If outside the US, the beneficiary of an EB1 Multinational Executive or Manager Green Card petition must have been employed by an entity affiliated with the sponsoring US employer (an entity with common ownership and control, such as a parent, subsidiary or sister company) for at least one of the 3 years prior to filing in the managerial or executive capacity.
- If inside the US and working for the same employer, or a subsidiary or affiliate of the EB1 Multinational Executive or Manager candidate’s overseas employer, the candidate must have been employed by the qualifying entity abroad for at least one year in managerial or executive capacity in the 3 years prior to entry as a nonimmigrant.
- The EB1 Multinational Executive or Manager candidate must be seeking entry to the US to continue providing managerial or executive services to the same employer or one of its subsidiaries or affiliates in the US.
- The prospective US employer-petitioner must show that it has been doing business for at least one year prior to filing.
Definition of Subsidiary or Affiliate for Purposes of the EB1 Multinational Executive or Manager Green Card Category
Ownership and control are essential in determining the existence of a qualifying relationship between a parent company or organization and a subsidiary or affiliate for the purposes of an EB1 Multinational Executive or Manager Green Card petition. For example, if a parent company has at least 50% ownership, or less than 50% ownership, but has de facto control over another entity, the other entity fits the definition of a subsidiary.
Executive or Managerial Capacity in the Context of the EB1 Multinational Executive or Manager Green Card Category
A title alone does not make a candidate eligible for the EB1 Multinational Executive or Manager Green Card category. In evaluating eligibility, candidates should consider the following:
- Majority of prior and future job duties should relate to operational or policy management; they should not only relate to supervision of low-level employees or mere participation in the company’s operations, e.g., selling products or operating equipment.
- The regulations envision an executive or manager actually engaging in strategic planning or directing a company’s major activities.
- An executive generally establishes overall organizational goals and policies, which are to be carried out by lower-level managers and staff members.
- According to USCIS regulations, a manager typically oversees other supervisory, professional or managerial employees; has hiring/firing authority; has discretion over certain daily operations; or supervises the work of others in professional or managerial positions.
- USCIS also (very reluctantly) recognizes Functional Managers, i.e., managers who oversee a particular department or function in a company rather than managing other professional and/or high-level employees. However, USCIS scrutinizes EB1 Multinational Executive or Manager Green Card petitions for Functional Managers, and these have become very difficult to win.
- If the EB1 Multinational Executive or Manager candidate does directly supervise another employee or employees, s/he must have the authority to hire/fire or recommend those as well as other personnel-related actions such as promotion and authorization for leave.
- If the EB1 Multinational Executive or Manager candidate does not directly supervise other employees, s/he must function at a senior level within the organizational hierarchy or with respect to the function managed.
- A first-line supervisor is not considered to be acting in a managerial capacity merely because s/he has supervisory duties. Generally, first-line or lower level supervisors will not qualify in the EB1 Multinational Executive or Manager Green Card category.