Multinational Managers or Executives may obtain permanent residence in the United States without having to undergo the labor certification (PERM) process.
The EB-1 Multinational Manager or Executive category is available to intracompany transferees who were employed abroad in a managerial or executive capacity by a foreign parent, branch or subsidiary of a U.S. corporation for a continuous period at least one year of the preceding three years. The candidate must seek to enter the U.S. to work in a managerial or executive capacity for the U.S. corporation.
Typically, multinational executives and managers are admitted to the U.S. using L-1A visas.
To qualify as an executive, a person must:
- Direct the management of the organization or a major component or function of the organization;
- Establish the goals and policies of the organization, component or function;
- Exercise wide latitude in discretionary decision-making; and
- Receive only general supervision or direction from higher level executives, the board of directors, or stockholders.
To qualify as a manager, a person must:
- Manage the organization, or a department, subdivision, function, or component of the organization.
- Supervise and control the work of supervisory, professional or managerial employees, or manage an essential function within the organizational, or a department of subdivision of the organizations.
- Have the authority to take or recommend personnel actions (hiring, firing, promotion, leave authorization and other personnel actions). If no employee is supervised, the individual must function at a senior level within the organization’s hierarchy or the particular function; and
- Exercise discretion over the day-to-day operations of the activity or function over which the employee has authority.