Permanent Residence for Multinational Managers and Executives
Qualifying managers and executives of multinational companies are eligible for permanent residence without going through the PERM labor certification process. The "EB-1" Multinational Managers and Executives category applies to intra-company transferees who, within the three years preceding initial entry into the United States, were employed outside of the U.S. continuously for at least one year in a managerial or executive capacity, and who will be employed by a branch, parent, affiliate, or subsidiary of that same employer in the U.S., also in a managerial or executive capacity.
The multinational manager/executive petition requires clear documentation of the qualifying relationship of ownership and control between the U.S. and foreign office. Managerial and executive candidates typically enter the U.S. in L-1A or E-2 status, although Goel & Anderson has successfully petitioned for EB-1 candidates holding other nonimmigrant status. Successful EB-1 petitions require extensive documentation establishing proof of executive or managerial duties while employed overseas, in addition to compelling proof that the U.S. position is in an executive or managerial capacity.
Two types of managers are recognized by the USCIS – those who directly manage people and those who manage an essential function. The former, non-functional managers, have direct reports who are professional grade employees; in other words their direct reports are either degreed professionals or are managers themselves. Managers of an essential function must be at a senior level with respect to the function managed, must have substantial discretionary, day-to-day authority over the function managed, and must be primarily engaged in fulfilling management duties.