Under the EB-1(c) visa category, a Multinational Manager or Executive may be eligible to obtain a green card if the applicant can illustrate that he or she was employed by a company affiliated with a current US employer as a manager or executive outside the US for at least one year out of the three years before the applicant transfers to the US. In this context, an "executive" is defined as someone who:
- directs the management of the organization or a major component or function of the organization;
- establishes the goals and policies of the organization, component, or function;
- exercises wide latitude in discretionary decision-making; and,
- receives only general supervision or direction from higher level executives, the board of directors or stockholders.
A "manager" is defined as someone who:
- manages an organization, department, subdivision, function or component of the organization;
- supervises and controls the work of other supervisory, professional or managerial employees, or manages an essential function;
- for supervisors of others, has the authority to hire and fire or recommend such actions
- for those who manage a function of the organization, must be employed at a senior level within the organizational hierarchy or with respect to the function managed; and,
- exercises direction over the day-to-day operations of the activity or function.
The reasonable needs of the organization, the company's stage of development in determining whether a position qualifies, and the overall purpose of the company and function, are also factors taken into account for consideration of EB-1(c) visas. An applicant for an EB-1(c) visa is also required to have a permanent job offer as an executive or manager from the US company.
The attorneys at Harrison Alo, Attorneys at Law have successful experience in handling various EB-1 visa petitions. Contact the attorneys at Harrison Alo, Attorneys at Law if you have questions regarding the EB-1 visa process.
