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.