Selected Topics in Immigration Law

Multinational Executives / Managers

Multinational businesses may obtain permanent resident status (green cards) for their executives and managers to enter the U.S. to work in executive or managerial capacities for branch offices, affiliates, subsidiaries or parent companies of the foreign entities under the EB1-3 employment based preference category. 
Criteria for EB1-3 Multinational Executives and Managers:
1. The U.S. and foreign entities must have a qualifying relationship, either as a branch office, subsidiary, affiliate or parent company.
2. The foreign individual must have been employed abroad continuously by the foreign entity in a managerial or executive capacity for one year within the three years immediately preceding the petition or preceding entry into the United States in L-1A status.
3. A managerial position is defined as one in which the employee primarily: manages an organization, department, subdivision or function; supervises and controls the work of other supervisory, professional or managerial employees or manages an "essential function"; has the authority to make personnel decisions or to function at a "senior level"; and, has discretion over the day-to-day working of the business or function for which he/she has authority.
4. An executive position is defined as one in which the employee: manages an organization or a major component/function of that organization; has the authority to establish goals and policies; has wide latitude in discretionary decision-making; and is supervised only by higher-ranking executives, the board of director or stockholders of the company.
5. The U.S. business and foreign entities must be engaged in regular, systematic and continuous provision of goods and/or services.  The U.S. entity must have been doing business for at least one year.
How may I obtain permanent resident status in the EB1-3 category?

The EB1-3 petition is filed by the U.S. business at the appropriate USCIS Service left.  As long as there is a visa number available at the time of filing the petition, the foreign beneficiary may apply concurrently for adjustment of status with his/her spouse and children under 21 years of age.  Alternatively, he may file for adjustment of status after the EB1-3 petition is approved, or after approval he may chose to undergo consular processing of his immigrant visa at a U.S. consulate abroad.

As with the family-based preference categories, the number of immigrant visas in the employment preference categories are also subject to an annual numeric limitation for nationals of each country.  The filing date of the immigrant visa petition establishes the priority date for the application.  However, unlike the family-based categories, the employment-based categories are normally current.  Click the Department of State Visa Bulletin for the priority dates for preference category petitions and to find the backlog for each preference category.

To request a consultation regarding a petition as a Multinational Executive or Manager, please contact our office here.