Permanent Residency Options for
Multinational Executives & Managers (EB-1C)
Certain multinational executives or
managers can obtain their green cards by showing that they
served for at least one year in another country in an executive or managerial position
with the parent, subsidiary, or affiliated company of a U.S.
company. This process requires the individual to have a permanent
job offer from the U.S. company to work in an executive or
managerial position.
To qualify for a green card as a Multinational Manager or
Executive, you must show that you were employed by a company
affiliated with your current U.S. employer as a manager or executive
outside the U.S. for at least one year out of the three years before
your transfer to the United States.
An executive is defined as someone who:
- 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.
A manager is defined as someone who:
- Manages an organization, 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;
- For supervisors of others, has the authority to hire and
fire or recommend such actions.
- For those who manage a function of the organization, must be
employed at a senior level within the organizational
hierarchy or with respect to the function managed; and
- Exercises direction over the day-to-day operations
of the activity or function.
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. The Immigration Service
considers the reasonable needs of the organization, the overall
purpose of the company and function, and the company's stage of
development in determining whether a position qualifies.
First-line supervisors generally are not considered managers or
executives, without other evidence of their qualifications.
The Multinational Manager/Executive category for employment-based green cards closely resembles the
L-1A visa category.
Therefore, many people who qualify for an L-1A visa as a Manager or
Executive would also qualify for permanent residency in the United
States, without a labor certification application. Please note
that L-1B employees with "specialized knowledge" are not eligible
for this type of green card petition, unless they meet the above
requirements.
This petition is filed using the Form I-140 Immigrant Petition for
Alien Worker. You must also submit evidence of the relationship
between the U.S. and foreign company, organizational charts and other
evidence describing the position offered. This petition and supporting documents are filed directly with the
appropriate Service Center of the U.S.
Citizenship and Immigration Services. You do not have to file anything
with the
Department of Labor.
Processing times for this type of petition depends on the Service Center's case load, which can vary greatly over
time.
Current processing times are estimated by all of the Service Centers,
but those are just estimates. Because it can take a while for your case to be
adjudicated, you want to make sure that your case is carefully prepared before
filing.
This option for permanent residency does not
require a labor certification. In other words, your employer does
not need to show that there are no qualified U.S. workers for the
position. Avoiding this labor certification process reduces the
often onerous burden of obtaining a green card in the United States.
This also speeds up the permanent residency process considerably,
allowing you to obtain work and travel authorization for yourself and
your family quickly.
If you would like to determine if you would qualify for a green card
as a multinational manager or executive, please
contact Peng & Weber for a
free evaluation or consultation.
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