EB-1(c) (Multinational Manager or Executive)

EB 1 is an employment based, first preference Green Card. The EB 1 is an immigrant visa classification that provides lawful permanent residence in the U.S to those persons with extraordinary ability in the sciences, arts, education, business or athletics through sustained international acclaim. To qualify for an EB1 Green Card as a first priority worker, the applicant must have an extraordinary ability, or be an outstanding professor or researcher, or be a multinational executive or manager. No labor certification is required for all EB1 categories.

EB 1C is a sub group of EB 1 visa category of a priority worker. The applicant to an EB 1C visa, i.e., the foreign worker must be a multinational executive or manager who has been employed abroad in the corporation. To qualify for an EB 1C visa,

1. the petitioning employer (the US company) must have been doing business for at least one year;
2. the job offer to the alien with the US petitioning employer must be in a managerial or executive capacity;
3. the alien must have been employed by the entity abroad for at least one year in a managerial or executive capacity in the three years preceding entry as a nonimmigrant,
4. the U.S. and foreign entities has qualifying relationship, i.e. affiliate, parent, subsidiary or branch

The law has clearly defined the role and responsibilities of a “Manager” and an “Executive”. The following requirements must be satisfied to qualify as a Manager or Executive:

In order to be qualified as a Manager, the applicant must

1. Manage a corporation, department, subdivision, or function.
2. Supervise and control the work of other supervisory, professional, or managerial employees, or else manage essential functions.
3. Have the authority to make personal decisions as to hiring and termination, or else function at a senior level, or
4. Exercise discretion over the day to day operations of the activity or function for which he or she has authority.

In order to be qualified as an Executive, the applicant must be

1. A person who manages an organization, major component, or function
2. A person who has the authority to establish goals and policies
3. A person who has wide latitude and discretionary decision making authority or
4. A person receives only general supervision from higher executives, board of directors, or stockholders