Helping Multinational Managers Or Executives Obtain EB-1 visas
Companies of all sizes continue to increase their participation in global markets. That growth also translates to companies’ increased interest in filling executive and other leadership positions with foreign-born professionals.
At the Philadelphia law office Henry & Grogan, we help corporate clients and foreign-born professionals petition for lawful permanent residency in the United States through first-preference (EB-1) visas.
EB-1 Qualifications For Managers And Executives
To qualify for an EB-1 green card as a multinational manager or executive, an individual must have been employed in a managerial or executive capacity for at least one year by a firm or corporation outside of the United States. The employment must have been with the same employer, an affiliate or a subsidiary of the sponsoring employer and must have fallen within three years preceding the filing of the petition.
The employer must file Form I-140 (petition for an alien worker) with U.S. Citizenship and Immigration Services (USCIS). The petitioner must be a U.S. employer that has conducted business in the U.S. for a minimum of one year. The managerial or executive employment-based permanent resident category is not self-petitioning. That is, it must be filed by a sponsoring employer on behalf of an individual executive.
Understanding Executive Or Managerial Capacity
A job title alone is not sufficient to qualify an individual for an EB-1 green card. To qualify under “executive or managerial capacity,” USCIS regulations require petitioners will show one or more of the following:
A majority of previous and future job responsibilities relate to operational policy management
The petitioner actually engages in strategic planning or directing a company’s major activities
An executive helps to establish comprehensive organizational objectives and policies
A manager oversees other supervisory professional or managerial employees
A manager has discretion over certain daily operations, has hiring and firing authority
In lieu of managing other professional or high-level employees, USCIS generally recognizes functional managers — those who oversee a department or function within a company, but it can be difficult to obtain EB-1 green cards for these positions
A first-line supervisor is not considered to be acting in a managerial capacity merely because he or she has supervisory duties. First-line or lower-level supervisors generally will not qualify in the EB-1 multinational executive or manager green card category.
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