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:
- Manages the organization, or a department, subdivision, function, or component of the organization.
- 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.
- 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.
- Exercises discretion over the day-to-day operations.
Executive capacity is defined as an assignment in which the candidate:
- 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.
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.