Employment Based Immigrant Petition

EB-1C

Multinational companies conducting business in the US. and abroad may sponsor certain employees for permanent resident status as multinational managers or executives (EB-1C).

Requirements of EB-1C:

  1. The qualified alien must be employed by the company (or its affiliate, parent or subsidiary) in a managerial or executive capacity outside the U.S. for at least one year out of the three years immediately preceding the transfer, or in the case of the alien already in the U.S., one year of the three years immediately preceding entrance into the U.S.
  2. The company must conduct business within the United States and another country in the regular, systematic, and continuous provision of goods or services; and
  3. The company must have been in existence in the United States for at least one year.

Executive Capacity is defined as:

• Directing the management of the organization or a major component or function of the organization;
• Establishing goals and policies of the organization, component, or function;
• Exercising wide latitude in discretionary decision-making; and
• Receiving only general supervision from higher level executives, board of directors, or stockholders of the organization.

Managerial Capacity is defined as:

• Managing the organization, or a department, subdivision, function, or component of the organization;
• Supervising and controlling the work of other supervisory, professional, or managerial employees, or managing an essential function within the organization, or a department or subdivision of the organization;
• If another employee or other employees are directly supervised, the manager has the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization) or, if no other employee is directly supervised, function at a senior level respect to the function managed; and
• Exercising discretion over day-to-day operations of the activity or function for which the employee has authority. A first-line supervisor is not considered to be acting in the managerial capacity merely by virtue of the supervisor's supervisory duties unless the employees supervised are professionals.

EB-1C free evaluation: please email FYZ Law Group info@fyzlaw.com

FAQs