Multinational Manager or Executive
A multinational manager or executive petition is an immigrant visa petition (I-140) by which certain employees can be sponsored for permanent resident status in the employment-based first-preference (EB-1) category. The foreign national must have been employed continuously in a managerial or executive capacity by a related entity overseas for at least one year out of the past three, and must be coming to the U.S. to work in a managerial or executive capacity. The U.S. employer can be the parent, subsidiary or affiliate of the related overseas entity.
Multinational managers and executives do not require a labor certification.
A multinational manager can be either a people manager or a functional manager, or both. A manager must primarily:
- Manage the organization or a department or component of same (or, for a functional manager, manage an essential function within the organization or department or subdivision);
- Supervise and control the work of other professional employees with at least Bachelor’s degrees (or, for a functional manager, function at a senior level within the organizational hierarchy or as to the function managed);
- Have the authority to hire and fire or recommend personnel actions for the professionals under direct supervision; and
- Exercise discretion over day-to-day operations of the activity or function.
An executive must primarily:
- Direct the management of the organization or a major component or function;
- Establish goals and policies;
- Exercise wide latitude in discretionary decision-making; and
- Receive only general supervision or direction from higher-level executives, board of directors or stockholders.
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