Employment-Based Immigration: First Preference EB-1c Overview: Certain Multinational Manager or Executive

By: Gilyana Dzhambulaeva

To qualify for the EB-1c category,  an applicant must have been employed outside the United States for at least 1 year in the 3 years preceding the petition, or the most recent lawful nonimmigrant admission if the applicant is already working for a U.S. employer. The employer, or petitioner, must have been doing business for at least 1 year, have a qualifying relationship to the entity you worked for outside the U.S., and intend to employ the applicant in a managerial or executive capacity. No labor certification is required.

Qualifications of a “Manager“

In order to be qualified as a manager, the applicant must satisfy several requirements.

The law defines a manager as someone who:

• Manages a corporation, department, subdivision, or function.
• Supervises and controls the work of other supervisory, professional, or managerial employees, or else manages essential functions.
• Has the authority to make personal decisions as to hiring and termination, or otherwise function at a senior level or;
• Exercises discretion over the day-to-day operations of the activity or function for which he or she has authority.

Managers can be “people managers” or “functional managers” People Manager:

• Manages the organization, department, subdivision, function, or component of the organization;
• Supervises and controls the work of other supervisory, professional, or managerial employees;
• Possesses authority to hire and fire or recommend those and other personnel actions (such as promotion and leave authorization) for employees directly supervised; and
• Exercises discretion over the day-to-day operations of the activity or function for which the employee has authority.

Function Manager:

• Manages the organization or a department, subdivision, function, or component of the organization;
• Manages an essential function within the organization or a department or subdivision of the organization;
• Functions at a senior level within the organizational hierarchy or with respect to the function managed; and
• Exercises discretion over the day-to-day operations of the activity or function for which the employee has authority.

Qualifications of an “Executive”

An applicant is qualified as an executive if he/she satisfies the following requirements:

• The person must manage an organization, major component, or function; or
• The person has the authority to establish goals and policies; or
• The person has wide latitude and discretionary decision making authority; or
• The person receives only general supervision from higher executives, board of directors, or stockholders.

How to Obtain an EB-1c Petition?

The U.S. employer must sponsor the worker by filing an I-140 petition with the USCIS. This petition must include documentation establishing the qualifying relationship between the employer abroad and the employer in the United States. It must establish that the U.S. employer has been doing business for at least one year and that the foreign employer continues to operate. The petition must also establish that the worker was an executive or manager abroad and will work in a permanent, full-time position in the U.S. as a manager or executive. Finally, the employer must establish that it has the ability to pay the salary being offered to the manager or executive.

A benefit of filing under any of the EB-1 preference categories is that your employer is not required to go through the PERM Labor Certification process to test the U.S. labor market and can file the I-140 petition at the start, which allows for obtaining the green card faster. For case specific questions or more information regarding the EB-1 process, contact the trusted Chugh, LLP immigration team.