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.