Quick Overview of EB1-C Multinational Executives or Managers
Introduction of EB1-C
Liu & Associates, P.C. focuses on EB1-based immigration petitions. The third group of priority workers covers multinational executives or managers employed abroad by the same corporation, and it consumes the largest share of the annual visa allotment. To qualify as a multinational executive or manager under this preference, the applicant must have been employed for at least one year during the three years preceding the application by the same multinational firm or other business entity (affiliate, parent, subsidiary, or branch of the U.S. employer) that employs them in the United States. The applicant must also seek to continue providing services to that same employer in a managerial or executive capacity.
Labor Certification not Required
As a priority worker subcategory, international managers and executives do not need a labor certification.
Self-petition not Allowed
Under USCIS rules, the U.S. employer must file the petition for the manager or executive transferee. A statement from the U.S. employer must accompany it, affirming all pertinent requirements and describing the job duties the foreign executive/manager will perform in the United States, the duties performed abroad, and the periods of employment abroad.
Evidence Required
A petition for a multinational executive or manager must include a statement from an authorized official of the petitioning U.S. employer listing the period the foreign executive/manager worked for the overseas company, the relationship between the overseas and U.S. companies, and the period the U.S. company has done business.
Required Evidence that Needs to Be Included in a EB1-C Petition
Appropriate Additional Evidence
In appropriate cases, the director may request additional evidence to assess managerial or executive capacity.
Appropriate Additional Evidence in a EB1-C Petition
Requirements of the U.S. Petitioning Company
USCIS rules require the prospective U.S. employer to be the same employer, or a subsidiary or affiliate, of the firm, corporation, or other legal entity that employed the foreign executive/manager abroad.
No specific requirement governs the size of the petitioning company or its gross business volume. USCIS regulations do require the employer to conduct business in two or more countries, one of them the United States, directly or through affiliates or subsidiaries, and to have been doing business in the United States for at least one year before the immigrant visa petition is filed.
Definitions of “Affiliate“ and “Subsidiary“ in the Rules of a EB1-C Petition?
What if an Overseas Company was Acquired a U.S. Company?
Nothing in the regulations requires a qualifying relationship between the U.S. and foreign entity to have existed for one year before the EB1-C petition is filed; they require only that the U.S. entity has been doing business for at least one year. A U.S. entity acquired by a foreign corporation may therefore immediately file a first preference petition for a manager or executive who worked abroad in a qualifying capacity for the requisite period.
Qualifications of a “Manager“
To qualify as a manager, the applicant must meet several requirements. First-line supervisors are usually excluded from the statutory definition of a manager unless they supervise professionals. Staffing levels are judged against the reasonable needs of the business and its stage of development.
The law defines a manager as someone who:
- Manages a corporation, department, subdivision, or function.
- Supervises and controls other supervisory, professional, or managerial employees, or manages essential functions.
- Has the authority to make decisions on hiring and termination, or else functions at a senior level, or
- Exercises discretion over day-to-day operations of the activity or function under his or her authority.
Qualifications of an “Executive“
An applicant qualifies as an executive by satisfying the following requirements:
- Must manage an organization, a major component, or a function
- The person has authority to establish goals and policies
- Has wide latitude and discretionary decision-making authority, or
- Receives only general supervision from higher executives, the board of directors, or stockholders
The definition also covers executives who perform tasks necessary to produce the organization's product or provide its service, if the executive is also a professional such as an engineer or architect.
One out of Three Year Working Requirement
As for the length of employment abroad, USCIS permits the foreign person to have worked one year out of the preceding three years for the employer abroad, and the regulations do not rule out aggregating employment time within that three-year period to reach the one-year requirement.
Alternative to EB-5 (Foreign Investors)
EB1-C lets an owner of a business enterprise immigrate to the United States if he or she otherwise meets the substantive eligibility requirements. Where the prospective employee also owns the hiring business, USCIS will scrutinize the petition closely. This category is an important alternative to the EB-5 visa: with proper planning, a qualified investor can obtain permanent residence without investing substantial money in a new enterprise.