Some executives or managers of multinational companies who are transferred to the U.S. may qualify for an EB-1 category based greencard under the Multinational Managers and Executive sub-category. This category is also referred to as the E-13 category. There are strict definitions to be considered an executive or manager. These executives and high-level managers must be responsible for directing the company, an important department, or component of the company.
Under this category, employer sponsorship is required, but a labor certification is not required.
EB-1 Multinational Managers and Executives Eligibility Criteria
In order to qualify for this category, you must meet the following criteria:
- If you are currently employed outside the U.S., you must have been employed outside the U.S. for at least 1 year in the past 3 years in an executive or managerial capacity by the petitioner or by its parent, branch, subsidiary, or affiliate; or, if you are already employed in the U.S., that you were employed outside the U.S. for at least 1 year in the 3 years preceding admission as a nonimmigrant in an executive or managerial capacity by the petitioner or by its parent, branch, subsidiary or affiliate.
You may already be in the U.S. on a non-immigrant visa status such as the L-1A visa or one of the E visa classifications.
- The prospective employer in the U.S. is the same employer or a subsidiary or affiliate of the firm, corporation, or other legal entity by which the alien is employed abroad.
- The prospective U.S. employer has been in business for at least 1 year.
- You are employed in the U.S. in a managerial or executive capacity. When filing for the I-140 petition, a description of the duties to be performed should be included.
EB-1 Multinational Managers and Executives – Greencard Procedure
To get an EB-1 based greencard in the Multinational Managers and Executives category, you must follow the procedure listed below:
- You must have a permanent full time job offer by the employer where the criteria listed above is met.
- Your employer files for a Form I-140 Petition for Immigrant Worker for you.
- After the I-140 is approved, when the priority date is current, file either an Adjustment of Status in the US or go through Consular Processing at a US Embassy/Consulate abroad.
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