Employment Immigration: Multinational Managers & Executives (EB-1)

An executive or a manager who meets the legal requirements of the Immigration and Nationality Act ("INA") §203(b)(1)(C) can immigrate
to the U.S. expeditiously, without having to file a labor certification.
In other words, neither the beneficiary nor his employer needs
to prove a lack of qualified U.S. workers to the State Workforce
Agency or the Department of Labor before the beneficiary is permitted
to file his/her adjustment of status application for permanent residency
in the U.S.

Qualifications:

The foreign national must have been employed for at least one year (during the last three years) by the petitioning firm or corporation or other legal
entity or an affiliate or subsidiary thereof. The "one of three
year requirement" may be met even if the person is in U.S. for
more than three years if he is working for the same employer, affiliate,
or subsidiary in U.S. and was employed for at least one of the last
three years by the same company abroad before entering U.S. in valid
nonimmigrant status.

The applicant must be seeking to enter the U.S. in order to continue to render services to the same employer or to a subsidiary or affiliate thereof
in a capacity that is managerial or executive. (Unlike the L-1B
nonimmigrant category, this immigrant category is not designed for
applicants with specialized knowledge.)

Managerial and executive capacity defined [INA §101(a)(44);
8 C.F.R. §204.5(j)(2)]:

Managerial capacity means an assignment with the organization in which the employee personally:

1. manages the organization, department, subdivision, function or component;
2. supervises and controls the work of other supervisory, professional or managerial employees, or manages an essential function within the organization
   or department or subdivision of the organization;
   
3. has authority to hire and fire or recommend personnel actions (if another directly supervises employees), or if no direct supervision, functions
   at a senior level; and
4. exercises discretion over day-to-day operations of the activity or function.
   
   First line supervisors are not considered managers unless the
   employees they supervise are professional.

Executive capacity means an assignment in an organization in which the employee primarily:

1. directs the management of the organization or a component or function;
3. establishes goals and policies;
4. exercises wide latitude in discretionary decision making; and
5. receives only general supervision or direction from higher level executives, board of directors or stockholders.

In determining whether an individual is acting in a managerial or executive capacity, BCIS will take into account the reasonable needs of the organization,
component or function in light of the overall purpose and stage
of development of the organization, component or function. The actual
number of employees supervised is not a determinative factor.

Initial Evidence [8 C.F.R. §204.5(j)]:

The petitioner should make a statement concerning the person's employment with the company for one of the past three years and that U.S. employer has been
doing business for at least one year. Also, the U.S. employer should demonstrate
the reasonable need for the foreign national in the organization
in light of the overall purpose and stage of business development.

The employer must provide a job offer in the form of a statement describing the duties of the position and the capacity in which the beneficiary
will be employed. If petitioner is seeking to assert that the person
is a manager of an essential function, it must still provide sufficient
evidence that the beneficiary is working "primarily" as
a manager.

The petition must show that the company is operating abroad. If the foreign entity stops operating prior to filing this petition, the beneficiary becomes
ineligible for this status.

The petition must also show that the U.S. company is not a "passive" corporation, but is active, conducting substantial business, and
truly needs an executive or manager.