Frequently Asked Questions of EB1-C (Multinational Executives or Managers)

EB1-C is one of the categories within the first preference category of employment-based immigration, for multinational executives or managers who have been employed abroad by the same corporation. This group uses more visas from the annual allotment than any other. 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 intend to continue serving the same employer in a managerial or executive capacity.

To qualify as a multinational executive or manager under this preference, the foreign beneficiary 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 foreign beneficiary must also intend to continue serving the same employer in a managerial or executive capacity.

Under USCIS rules, the U.S. employer must file the petition for the manager or executive transferee. The petition must include a statement from the U.S. employer affirming all pertinent requirements, including the job duties the foreign beneficiary will perform in the United States, the duties performed abroad, and the periods of foreign employment.

All petitions in the EB-1 category must be filed on Form I-140.

No group of EB-1 requires a labor certification before the I-140 is filed.

Yes. An EB1-C petition requires a job offer.

1. No labor certification is required.
2. All visas are current, so a Green Card is obtained much faster in this category than in others.

A multinational executive or manager petition must include a statement from an authorized official of the petitioning U.S. employer showing that:

1. If the foreign beneficiary is outside the United States, the beneficiary must have been employed outside the United States in a managerial or executive capacity for at least one year during the three years immediately preceding the filing of the petition, by a firm, corporation, or other legal entity, or by an affiliate or subsidiary of such a firm, corporation, or legal entity; OR
2. If the foreign beneficiary is already in the United States working for the same employer, or for a subsidiary or affiliate of the firm, corporation, or other legal entity that employed the beneficiary overseas, the beneficiary was employed abroad by that entity for at least one year in a managerial or executive capacity during the three years preceding entry as a nonimmigrant;
3. The prospective U.S. employer is the same employer as, or a subsidiary or affiliate of, the firm, corporation, or other legal entity by which the foreign beneficiary was employed overseas; and
4. The prospective United States employer must have been doing business for at least one year.

The following evidence is appropriate for proving managerial or executive capacity:

1. Description of the foreign beneficiary's supervisory capacity: A first-line supervisor does not act in a managerial capacity merely because of supervisory duties, unless the employees supervised are professional. Whether a position is a “first-line“ supervisory one depends on the business organization and must be proven case by case. The petitioner should therefore submit evidence of the business organization and describe the alien beneficiary's supervisory capacity. However, where management hires employees with bachelor's degrees or higher, a first-line supervisor may be considered to act in a managerial capacity.
2. Description of staffing levels and development of the compnay: Where staffing levels are a factor in deciding whether an individual acts in a managerial or executive capacity, the reasonable needs of the organization, component, or function must be weighed against its overall purpose and stage of development. An individual does not act in a managerial or executive capacity merely because of the number of employees he or she supervises or directs, or has supervised or directed.
3. Documentation of a job offer: Although this classification requires no labor certification, the prospective U.S. employer must furnish a job offer in the form of a statement showing that the foreign beneficiary will be employed in the United States in a managerial or executive capacity. That letter must clearly describe the duties the foreign beneficiary will perform.

USCIS rules require the prospective U.S. employer to be the same employer as, or a subsidiary or affiliate of, the firm, corporation, or other legal entity that employed the foreign beneficiary abroad. No specific requirement governs the size of the petitioning company or its gross business volume. USCIS regulations do require the employer to be doing business in two or more countries, one of them the United States, either directly or through affiliates or subsidiaries. The company must also have been doing business in the United States for at least one year before the immigrant visa petition is filed.

USCIS rules define “affiliate“ for deciding whether an employer qualifies for the first preference. “Affiliate“ means

1. one of two subsidiaries, both owned and controlled by the same parent or individual;
2. one of two legal entities owned and controlled by the same group of individuals, each of whom owns and controls approximately the same share or proportion of each entity; or
3. international accounting firms.

“Subsidiary“ means a firm, corporation, or other legal entity of which a parent owns, directly or indirectly,

1. more than half of the entity and control of it;
2. 50% of a fifty-fifty joint venture, with equal control and veto power over the entity; or
3. less than half of the entity while in fact controlling it.

Nothing requires a qualifying relationship between the U.S. and foreign entities for one year before the EB1-C petition is filed. The regulations require only that the U.S. entity has been doing business for at least one year. Therefore, a U.S. entity acquired by a foreign corporation may immediately file a first preference petition for a manager or executive who worked for the foreign entity in a qualifying capacity for the requisite period.

To qualify as a manager, the applicant must meet several requirements. First-line supervisors are generally excluded from the statutory definition of a manager unless the employees they supervise are professionals. Staffing levels must be assessed against the reasonable needs of the business and its stage of development.

Under the statutory definition, a manager must:

1. Manage a corporation, department, subdivision, or function.
2. Supervise and control other supervisory, professional, or managerial employees, or manage essential functions.
3. Make personnel decisions on hiring and termination, or function at a senior level, or
4. Exercise discretion over the day-to-day operations of the activity or function under his or her authority.

A foreign national qualifies as an executive by meeting the following requirements:

1. The person must manage an organization, a major component, or a function.
2. The person has authority to set goals and policies.
3. The person has wide latitude and discretionary decision-making authority OR
4. The person receives only general supervision from higher executives, the board of directors, or stockholders.

The definition also covers executives who perform tasks needed to produce the organization's product or deliver its service, provided the executive is also a professional, such as an engineer or architect.

As to the length of employment abroad, the government allows the foreign person to have worked one year out of the preceding three 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. If the foreign beneficiary is already in the United States, for example in L1 status, the USCIS rules for priority workers allow the beneficiary to qualify in the first preference if he or she was employed abroad for at least one year in the three years immediately preceding entry as a nonimmigrant.

In EB1-C cases the burden of proof rests solely on the petitioner, who must provide substantial evidence about the employer and the foreign national's position and duties. For a qualified beneficiary, the likelihood of success depends largely on how the case is presented. Where the evidence is relevant and well presented and the argument is persuasive, approval should be routine.

An EB1-C multinational executive or manager I-140 petition should include the following documents:

1. Submit evidence and a cover letter describing the foreign employer's name, the U.S. position offered, the position held abroad, the years of employment, and the date the beneficiary transferred to the United States. State the claimed relationship between the foreign employer and the U.S. petitioner, such as affiliate, subsidiary, or joint venture.
2. Submit evidence that the U.S. employer has been doing business for at least one year before the petition is filed.

The current I-140 filing fee is $715.

An asylum program fee also applies; the full amount is $600. For a petitioning employer that is a small entity with 25 or fewer full-time employees, that fee drops to $300. For a nonprofit petitioning employer, it drops to $0.

If the I-140 is approved, the foreign national's spouse and unmarried children under 21 are derivative beneficiaries.

Yes. Each requested visa category, however, requires its own Form I-140 petition with the applicable fee and supporting documentation. A petitioner should not check multiple categories on a single I-140 Form.

Form I-140 may be filed electronically or by mail, but supporting evidence must be sent to a service center. When a petitioner e-files Form I-140, USCIS routes it automatically to the appropriate Service Center, and the petitioner receives a receipt showing where it was routed. All further communication, including supporting documents, must go to the receiving location shown on the e-filing receipt.

No, because all visas are current.

Yes. The petitioner or the Form G-28 representative may send USCIS a letter requesting withdrawal of the I-140 petition.

The petitioner or the Form G-28 representative may send USCIS a letter requesting withdrawal of the I-140 petition. A withdrawal request should include:

1. A statement that the Form I-140 petitioner wishes to withdraw the petition;
2. The Form I-140 petition receipt number;
3. The name, address and phone number of the petitioner;
4. The name of the foreign beneficiary beneficiary;
5. The foreign beneficiary registration number of the foreign beneficiary beneficiary, if known;
6. The petitioner's signature or the Form G-28 representative.

The law sets no waiting period for filing an EB1-C petition again after a prior filing is rejected. A rejected petition does not bar the petitioner from filing another later, in any classification. Unless the foreign beneficiary's circumstances have improved, however, simply resubmitting a similar petition is not advisable.

Follow the tips below when organizing the evidence:

1. Submit all required documentation and evidence with the petition. USCIS may deny a Form I-140 petition without issuing a request for evidence when the evidence required by the instructions and regulations is not provided initially.
2. When submitting photocopies of documents, make sure the copies are clear and legible.
3. Every foreign language document must be submitted with a corresponding English translation. A translator who is competent to translate must certify it and verify in writing that “the translation is true and accurate to the best of the translator's abilities.“ Stapling the English translation to the foreign language document is helpful.
4. For petitions supported by a substantial volume of documentation, tab and label each evidentiary exhibit at the bottom of its first page, and provide a list of the exhibits together with the eligibility criteria each exhibit is submitted to establish. Identify in that list any exhibit offered to meet more than one eligibility criterion.

No. A change of employers by the foreign national while the I-140 is pending requires a new I-140.