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EB-1 Overview: Multinational Managers And Executives

Labor certification is not required for certain multinational managers and executives who qualify for classification under the employment-based first preference category. The EB-1 Multinational Manager or Executive category is available to intra-company transferees who were employed abroad in a managerial or executive capacity by a foreign parent, branch or subsidiary of a U.S. corporation for a continuous period at least one year of the preceding three years. The candidate must seek to enter the U.S. to work in a managerial or executive capacity for the U.S. corporation.

Managerial capacity is defined as an assignment in which the candidate:

  1. Manages the organization, or a department, subdivision, function, or component of the organization.
  2. Supervises and controls the work of supervisory, professional or managerial employees. An exception to this requirement applies to “functional managers” (employees who manage a major function of the organization). However, a functional manager cannot directly perform the underlying function.
  3. Has authority to take or recommend personnel actions (hiring, firing, promotion, leave authorization and other personnel actions). If no employee is supervised, the individual must function at a senior level within the organization’s hierarchy or the particular function.
  4. Exercises discretion over the day-to-day operations.

Executive capacity is defined as an assignment in which the candidate:

  1. Directs the management of the organization or a major component or function of the organization;
  2. Establishes the goals and policies of the organization, component or function;
  3. Exercises wide latitude in discretionary decision-making; and
  4. Receives only general supervision or direction from higher level executives, the board of directors, or stockholders.

As of November 30, 2009, the national average processing time for EB-1 petitions for multinational managers or executives was 10.6 months. Premium processing service is not currently available for this category.