Multinational Executives and Managers (Eb-1C)
Aliens, who work as a managers or executives, sometimes referred to as a multinational manager or executive, are able to apply for immigrant visa/ green card under the EB-1C category. This sub-category has the same advantage as EB-1A and EB-1B that is it can be processed rather faster and, very often, without waiting for quotas. This category has no requirement for educational degree. It focuses on the alien’s work experience in an executive or managerial capacity and qualification of employers in the U.S. and abroad.
There are two situations for an alien to immigrate under the EB-1C category. (1) if the alien is outside the U.S. at the time of application, s/he must have worked outside the U.S. in a managerial or executive capacity for at least one year in the preceding 3 years in the overseas firm or corporation, or other legal entity, or an affiliate, or parent, subsidiary or branch of a U.S. employer. He will continue to render service to the same employer or to subsidiary or affiliate thereof in a managerial or executive capacity. (2) If at the time of application the alien is currently in the United States and employed as a nonimmigrant by the petitioner or its parent, affiliate, or subsidiary, (this is usually the L-1A situation), s/he was employed for at least 1 year in the managerial or executive capacity within three years preceding the nonimmigrant entry (L-1 visa). Click L-1 Intracompany Transferees for more information.
This category entitles a multinational manager or executive to enjoy first preference treatment if s/he is employed for at least one year out of the last three by the same firm or its subsidiary or affiliate. To qualify for EB-1C preference, the following requirements should be met.
One Year Employment in Executive or Managerial Position Outside United States
To meet the employment requirement, the alien must have worked in an executive or managerial position for one year outside the U.S. within the last three years before the application. However, Neither the Immigration Nationality Act nor the regulations require the year’s employment to have been continuous. In another words, the one year employment can be cumulative. The job position to be held in the U.S. must still be managerial or executive. But, the position does not have to be same as the alien held before abroad. The alien may come to an executive job from a managerial job and vice versa, but not one that merely involves specialized knowledge.
If the alien is already working for the same employer, or its affiliate or subsidiary in the U.S., the qualifying year’s employment abroad may have occurred at any time during the three-year period before entry as a nonimmigrant. Hence, a nonimmigrant who worked as a manager for the U.S. company’s subsidiary abroad from 2000 to 2002 and was transferred to the U.S. home office in L-1 status from 2003 to 2005, could then be the beneficiary of the company’s first preference petition to work as an executive.
There Must be an Entity, a Subsidiary or Affiliate Thereof
The executive or manager must be coming to the U.S. to continue to be “employed” by the same legal entity or a “subsidiary” or “affiliate” thereof. A subsidiary is a legal entity which the parent controls and in which it has, directly or indirectly, some equity interest; in the case of a joint venture, the parent owns half or has equal control and veto power. Affiliate is one of two entities owned and controlled by the same parent, individual, or group of individuals (if each individual owns and controls approximately the same proportion of each entity). Also recognized as affiliates are certain partnerships that market their accounting or management consulting services under an internationally recognized name by agreement with a worldwide coordinating organization whether or not collectively owned and controlled by its members.
Work in a Managerial or Executive Capacity
The job should be one in which the applicant’s work is primarily managerial or executive. Under the eased requirements of the new definition, a manager may manage a “function” of the organization as well as the organization itself or one of its components. First-line supervision is not considered managerial unless the employees supervised are professional. In respect of employees supervised, the manager must have authority to take or recommend critical personnel actions, such as dismissal. If not in a supervisory role, the manager should work at a senior level within the organizational hierarchy or with respect to the function managed. Finally, a manager is expected to exercise discretion over the day-to-day activity or function for which he or she is responsible.
The company’s executive can exercise the direction of a function. The executive directs the management of the organization itself or one of its major components or functions, establishes its goals and policies, has wide discretion, and receives only general supervision from higher executives, the board or the stockholders.
Necessity of Employer/Petitioner. Petitioner must be a U.S. employer doing business in the U. S. for at least one year and offering the alien an executive or managerial job. The employment abroad must be with the same employer or parent, affiliate, or subsidiary of the U.S. employer.
Supporting Evidence. Generally it need statement from the U.S. employer demonstrating the alien’s employment with overseas company for at least 1 year in the past 3 years, and that he is currently working or will work for the U.S. company, and the U.S. company has been doing business for at least 1 year. Other evidence such as required relationship between petitioner and foreign employer, such as stock certificate, printed annual report, or other document listing companies and their relationship; or separate statement by company executive, such as financial officer, attesting to knowledge of ownership of company or companies, preferably with copies of relevant pages in stock transfer ledger or equivalent record, evidence of petitioner’s ability to pay the alien’s salary, etc.
Labor Certification (LC). No LC approved by the Department of Labor is required.
L-1B alien performing the duty of specialized knowledge is not eligible for immigration under this category. They must apply for LC first.
Family Members (spouse/children). They, whether accompanying or following to join, have same priority date as principal applicant.