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Multinational Executives and Managers - Law Office of Lani Cao

Multinational Executives and Managers

In order to qualify under the EB-1C immigrant visa classification, you must be a multinational executive or manager that meets the following requirements:

  •  Employment by an overseas parent, subsidiary, affiliate or branch in an executive or managerial capacity for at least 1 year out of the 3 years immediately preceding entry to the U.S.
  •  Employee continues to serve in an executive or managerial capacity for the U.S. employer
  •  Overseas and U.S. company continue to maintain qualifying corporate relationship

Executive capacity is defined as follows:

  • Directs the management of the organization or function;
  •  Establishes goals and policies;
  •  Exercises wide latitude in discretionary decision making; and
  •  Receives only general supervision or direction from higher level executives, board of directors, or stockholders.

Managerial capacity is defined as follows:

  •  Manages the organization, department, or an essential function;
  •  Supervises and controls the work of other supervisory, professional or managerial employees (Note: First line supervisors are not considered managers unless the employees they supervise are professionals and the position is primarily managerial).
  •  Possesses authority to hire and fire or recommend personnel actions; and,
  •  Exercises discretion over day-to-day operations of the activity or function.

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