Multi-National Executives and Managers
In order to apply for permanent residency as a multi-national executive or manager, an applicant must have been employed abroad continuously for one (1) of the previous three (3) years by a parent, branch, subsidiary, or affiliate of a U.S. organization in either a managerial or executive capacity. In addition, the applicant must show that he/she intends to enter the United States in order to continue serving that firm or corporation. The United States employer must file a petition on behalf of the alien. The United States employer must have been doing business for at least one year, and must be an affiliate, subsidiary or the same employer as the firm or corporation for which the alien worked abroad.
Managerial capacity means a position within an organization in which the employee primarily:
· Manages the organization, department, subdivision, function, or component;
· Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization or department or subdivision of the organization;
· Has authority to hire and fire or recommend personnel actions (if other employees directly supervised), or if no direct supervision, functions at a senior level within hierarchy or as to function managed; and
· Exercises discretion over day-to-day operations of the activity or function.
Please note that front line supervisors are not considered managers unless the employees they supervise are professionals.
Executive capacity means a position within an organization in which the employee primarily:
· Directs the management of the organization or a major component or function;
· Establishes goals and policies;
· Exercises wide latitude in discretionary decision-making; and
· Receives only general supervision or direction from higher-level executives, board of directors, or stockholders.
The employer must file Form I-140, Petition for Alien Worker with the U.S. Citizenship and Immigration Services center that has jurisdiction over the place of intended employment. Upon approval, the applicant will be eligible to become a permanent resident.
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