Multinational Executives and Managers (EB1 Visa)

Individuals who, in the three years preceding the filing of petitions for this classification, have been continuously employed for at least one year by a firm, corporation or other legal entity or an affiliate or subsidiary thereof, and who seek to enter the U.S. to continue to render services to the same employer in a capacity that is managerial or executive may seek classification as a Multinational Executive or Manager. The Immigration and Naturalization Service (USCIS) has published regulations defining the terms "manager" and "executive."

Individuals seeking classification as a "manager" must meet four criteria set forth by USCIS:

1.  manage the organization, or a department, subdivision, function or component of the organization;

2.  supervise and control the work of other supervisory, professional or managerial employees or manage an essential function within the organization, or a department or a subdivision of the organization;

3.  have authority to hire and fire or recommend those as well as other personnel actions, or is no personnel are supervised, function at a senior level in the organizational hierarchy with respect to the function managed and;

4.  exercise discretion over the day to day operations of the activity or function for which the employee has authority.
 

Individuals seeking classification as an "executive" must also meet four criteria set forth by USCIS:

1.  alien must have an assignment within the company where he/she primarily directs the management of the organization or a component or function;

2.  alien must establish the goals and policies of the organization, component or function;

3.  alien must exercise wide latitude in discretionary decision making and the alien must receive only general supervision from higher level executives, the Board of Directors or stockholders.

A petition must be filed with USCIS to request EB1-3 classification. There is no labor certification requirement for this special category. Upon approval of the EB1-3 petition, the individual, his/her spouse and children under 21 years of age may apply for their immigrant visas either through adjustment of status in the United States or through consular processing at a U.S. Consulate outside of the United States.