A multinational executive or manager meeting certain requirements may be eligible for treatment as a priority worker in the First Preference Employment-Based Category (EB1).  Those meeting certain criteria may avoid the cumbersome labor certification/PERM process and may obtain U.S. permanent residence (i.e., green card) in a relatively short period of time.  The EB1 Multinational Executive/Manager is the immigrant version of the nonimmigrant L-1A Intracompany Transferee Visa for executives and managers.

This category requires sponsorship by a U.S. employer that has a qualifying relationship with an entity abroad. In addition, a qualifying relationship between the U.S. employer sponsor and an entity abroad must continue at least throughout the course of the Multinational Executive/Manager petition.

To qualify in this category, the beneficiary must meet the following requirements:

1. If outside the U.S., the beneficiary of a multinational executive petition must have been employed by an entity affiliated with the US employer for at least one year of the 3 years prior to filing in a managerial or executive capacity.

2. If inside the US and working for an entity with a qualifying relationship with the beneficiary's overseas employer, the beneficiary must have been employed by the entity abroad for at least one year in managerial or executive capacity in the 3 years prior to entry as a nonimmigrant.

3. The beneficiary must be seeking entry to the U.S. to continue providing managerial or executive services to the same employer or its subsidiary or affiliate. 

The prospective U.S. employer-petitioner must show that it has been doing business for at least one year prior to filing. Back to top.

Executive or Managerial Capacity

Applicants should consider that titles alone will not make them eligible for inclusion in the the EB1 multinational executive/manager category.  Rather, in evaluating whether they qualify, applicants should consider the following:

1. Majority of duties should relate to operational or policy management; they should not only relate to supervision of low-level employees or mere participation in the company's operations, e.g., selling products or operating equipment.

2. Under the law, an executive or manager actually engages in strategic planning or directs a company's major activities.

3. An executive generally establishes overall organizational goals and policies, which are to be carried out by lower-level managers and staff members.

4. A manager typically oversees a particular department or function in a company; oversees other supervisory, professional or managerial employees; has hiring/firing authority; has discretion over certain daily operations; or supervises the work of others in professional or managerial positions. Back to top.

Definition of Subsidiary or Affiliate

Ownership and control are essential in determining the existence of a qualifying relationship between a parent company or organization and a subsidiary or affiliate for the purposes of an EB1 Multinational Executive/Manager petition.  For example, if a parent company has at least 50% ownership, or less than 50% ownership, but de facto control over another entity, the other entity fits the definition of a subsidiary.