EB-1C MultiNational Managers or Executives

This immigrant visa category is designed to facilitate international transfer of executive or managerial personnel within multinational companies. The purpose of the EB-1(c) visa is to allow international companies to transfer business practices and commercial knowhow.

Advantage

  • Multinational Executives and Managers are exempt from the PERM labor certification requirement.

Main Qualifying Criteria

The requirements outlined under INA 203(b)(1)(C) can be divided into several parts:

First, there must be a qualifying relationship between the prospective U.S. Company and the foreign organization that employed the beneficiary abroad. Second, the U.S. Company must have been doing business for at least one year. Third, the petitioner must also demonstrate the U.S. Company’s ability to pay the beneficiary’s proffered wage. Fourth, the beneficiary must have been employed abroad for at least one year by a qualifying organization in the 3 years prior to coming to U.S. Finally, the beneficiary’s services must have been and must continue to be in a managerial or executive capacity.

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 from higher level executives, the board of directors, or stockholders of the organization.

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 other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization;

  • Have the authority to hire and fire supervised employees, or recommend them for promotion or other personnel action, or (if there are no immediate supervisees) function at a senior level within the organizational hierarchy; and

  • Exercise direction over the day to day operations of the activity or function over which the worker has authority.