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.

We Will Assess Your Situation And Provide An Effective Strategy

To meet with an experienced and knowledgeable immigration attorney who will assess your situation and recommend an effective course of action during a free consultation call or email us. Our lawyers emphasize custom solutions that are tailored to each client’s unique needs.

We offer many immigration services on a flat-fee basis. We work with clients in Greater Philadelphia and throughout Southeastern Pennsylvania, as well as New Jersey, New York and Delaware.