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EB-1 Employment-Based: EB13 Multinational Executives and Managers

A foreign national who qualifies under one of the three immigration employment-based first preference categories may file an I-140 immigrant visa petition without first needing to complete the labor certification process. Those three categories are: extraordinary ability, outstanding researchers, or multinational executives and managers.

Qualifying as an EB13 Multinational Executive or Manager

There are three prerequisites to qualify. The petitioner must establish all of the following:

  1. The US company and the foreign company maintain a qualifying relationship;
  2. The US company and the foreign company are both actively engaged in doing business;
  3. The US company has been actively engaged in doing business for at least one year.

In addition to the above, it must be established that the US organization can pay the beneficiary's salary.

Qualifying relationship

A foreign employee working abroad can be transferred to a US Company as an EB13 immigrant when a qualifying relationship exists between the foreign company and the US Company. This means that the US employer must be an affiliate, parent, or subsidy of the foreign company. The petitioner must establish that that the foreign company and the US Company is the same beneficiary’s employer. The US company must be owned and controlled by the foreign company.

Doing business

The US employer must have been doing business for at least one year. This means that a person would not qualify in the case of someone who is seeking to be employed in a new US office. Even if a US company has been existing in the US for more than a year, if it was not continuously engaging in the provision of goods or services for at least one year, then the company does not qualify file for the E13 immigrant petition.

Must be multinational executive or manager

The beneficiary must have a permanent US job offer in a position that is primarily managerial or executive. The beneficiary must have been employed abroad for at least one of the previous three years.

Managerial capacity

A person is considered to have a position of managerial capacity when he or she is primarily engaged in all of the following:

  1. Management of the organization, department, subdivision, function, or component of the organization;
  2. Supervision and control of the work of other supervisors, professionals, or managers;
  3. Has authority to hire and fire or recommend such action for directly supervised employees;
  4. Has discretion over daily operation of the duties or functions for which employees have authority.

Executive capacity

A person is considered to have a position of executive capacity when he or she is primarily engaged in all of the following:

  1. Direction of the management or a major component or function of the company;
  2. Establishment of goals and policies of the company;
  3. Has wide latitude in discretionary decision-making;
  4. Gets only general supervision from upper level executives such as the board of directors or stockholders.

The person will not be deemed to be an executive or manager simply because he or she has that job title. The attention is on the person's primary duties. If you have questions about the EB1 multinational executives and managers immigrant petition category, please contact our immigration attorneys or call The Law Firm of Shihab & Associates, Co., LPA at the nearest office close to you to consult with an attorney.

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