Multinational executives and managers are exempt from the PERM labor certification requirement. Our firm represents multinational executives and managers who are “starting-up” business operations in the U.S. for foreign corporations as well those being transferred to the U.S. by large international corporations based in the U.S. or abroad.
Typically, multinational executives and managers are first admitted to the US on temporary L-1A visas.
To be admitted as immigrants, multinational executives and managers must have been employed outside the United States for at least 1 year in the 3 years preceding the petition or the most recent lawful nonimmigrant admission if they are already working for the U.S. petitioning employer. The U.S. petitioner must have been doing business for at least 1 year, have a qualifying relationship to the entity the person worked for outside the U.S., and intend to employ the person in a managerial or executive capacity.
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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 decisionmaking; 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.
Multinational Executives and Managers: Application Process
The U.S. employer must file USCIS Form I-140, Petition for Alien Worker. As part of the application process, the employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date. The employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay the beneficiary’s wage.
If the EB-1 priority date is current, the executive/manager may file an I-485 packet for adjustment of status to permanent resident together with the I-140. In addition, the beneficiary’s spouse and children (who are unmarried and under 21 years of age) may filed I-485 packets together with the beneficiary.
The I-485 packets generally include I-765 applications for Employment Authorization Documents (EADs) and I-131 applications for Advance Parole international travel permits.
The following is a checklist of documents that the principal applicant should submit together with the I-485 packet:
- Two passport-style photographs
- A copy of a government-issued identity document with photograph
- A copy of your birth certificate
- Inspection and admission, or inspection and parole documentation (unless applying for adjustment under INA 245(i)). For more information or examples, please refer to the form instructions.
- Documentation of immigrant category, such as a copy of Form I-797, Approval or Receipt Notice, for the immigrant petition (unless you are filing your Form I-485 with the petition, such as Form I-140)
- Evidence you continually maintained a lawful status since arriving in the United States (or that you are exempt under 245(k) from the INA 245(c)(2), (7) and (8) bars)
- Confirmation of job offer (on Form I-485 Supplement J (if applicable))
- Certified police and court records of any criminal charges, arrests, or convictions regardless of final disposition (if applicable)
Multinational Executives and Managers: Additional Resources
- Employment-Based Immigration: First Preference EB-1 (USCIS)
- AAO Non-Precedent Decisions Regarding Petitions for Multinational Executives and Managers
- USCIS to Implement Premium Processing for Certain Previously Filed EB-1 and EB-2 Form I-140 Petitions (5-24-22)
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Carl Shusterman served as an INS Trial Attorney (1976-82) before opening a firm specializing exclusively in US immigration law. He is a Certified Specialist in Immigration Law who has testified as an expert witness before the US Senate Immigration Subcommittee. Carl was featured in the February 2018 edition of SuperLawyers Magazine.