Overview of EB-1C Multinational Managers or Executives
EB-1C Overview; Legal Fees of EB-1C; Processing of EB-1C; EB-1C FAQs
Introduction of EB-1C
Aria Law Group specializes in EB-1C based immigration petitions. The third group in priority workers is for multinational managers or executives who have been employed abroad by the same corporation. This category uses the most visas from the annual allotment. To qualify as a multinational manager or executive under this preference, the applicant, during the three years preceding the application, must have been employed for a minimum of one year by the same multinational firm or other business entity (parent, subsidiary, affiliate, or branch of the U.S. business) that employs the applicant in the U.S.
In addition, the petitioner must seek to continue providing services to the same employer in a managerial or executive scope.
Labor Certification not Required
As a priority worker subcategory, labor certification is not required for international managers and executives.
Self-petition not Allowed
According to USCIS rules, the U.S. employer must file the petition for the manager or executive transferee. The petition must be supplemented by a statement from the U.S. employer confirming all of the pertinent requirements, including a description of the job duties to be performed by the non-resident manager/executive in the U.S., the job duties performed by the non-resident manager/executive abroad, and the periods of employment by the non-resident manager/executive abroad.
A petition for a multinational manager or executive must be supplemented by a statement from an authorized official of the petitioning U.S. employer that lists the period of time the non-resident manager/executive worked for the overseas company, the relationship between the overseas and U.S. companies and the time the U.S. company carries out business in the U.S.
Required Evidence To Be Included in a EB-1C Petition
Appropriate Additional Evidence
In appropriate cases, the USCIS director may request supplemental evidence to determine managerial or executive capabilities.
Appropriate Additional Evidence in a EB-1C Petition
Requirements of the U.S. Petitioning Company
USCIS rules require that the prospective employer in the U.S. be the same employer (or a subsidiary or affiliate of the firm or corporation) or other legal entity which employed the non-resident manager/executive abroad.
There is no specific requirement for the size of the petitioning company or its gross business volume. But USCIS regulations require that the employer be conducting business in two or more countries, one of which is the U.S., either directly or through affiliates or subsidiaries. In addition, the company must have been in business in the U.S. for a minimum of one year prior to filing the immigrant visa petition.
Definitions of “Affiliate” and “Subsidiary” in the Rules of an EB-1C Petition
U.S. Company Acquired an Overseas Company
There is not currently a requirement that a qualifying relationship exist between the U.S. and a foreign entity for a period of one year prior to filing a EB-1C petition. The regulations do require that the U.S. entity must have been doing business for at least one year. As a result, a U.S. entity that has been acquired by a foreign corporation may immediately file a first preference petition on behalf of a manager or executive who worked for the foreign entity in a qualifying capacity for the requisite period of time.
Qualifications of a “Manager“
In order to qualify as a manager, the applicant must fulfill several requirements. Usually, first-line supervisors are excluded from the statutory definition of a manager unless the employees being supervised are professionals. Staffing levels are to be considered in relation to the reasonable needs of the business and its stage of development.
The law defines a manager as someone who:
Manages a function, department, subdivision, or corporation, department, subdivision, or function
Supervises and controls the work of other managerial, supervisory, or professional employees, or manages essential functions
Has the authority to make personal decisions as to hiring and termination, or functions at a senior level, or
Exercises discretion over the day-to-day operations of the activity or function for which he or she has authority.
Qualifications of an “Executive”
An applicant is qualified as an executive if he/she fulfills the following requirements:
The person must manage a function, major component, or organization
The person has the authority to establish policies and goals
The person has wide scope and discretionary decision making authority or
The person receives only general supervision from stockholders, board of directors, or higher executives.
The definition also includes executives who perform tasks necessary to produce the product, or actually provide the service offered by the organization if the executive is also a professional, such as an engineer or architect.
One Out of Three Year Working Requirement
Regarding the length of employment abroad, the USCIS permits the non-resident to have worked for one year out of the preceding three years for the employer abroad, and the regulations do not exclude the possibility of combining employment time during the preceding three-year period in order to attain the one-year requirement.
Alternative to EB-5 (Foreign Investors)
EB-1C would permit an owner of a business enterprise to immigrate to the U.S. as long as he/she would otherwise satisfy the basic eligibility requirements. In a situation where the prospective employee was also an owner of the business that would hire him/her, the USCIS will examine the petition very closely. This category represents an important alternative to EB-5 visa. Proper planning by a qualified investor can result in issuance of a permanent residency visa without the necessity of investing substantial money in a new enterprise.