EB-1C Permanent Visa: Executives & Managers

EB-1C: MULTINATIONAL EXECUTIVES AND MANAGERS

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Who can file and What to File

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A United States employer may file a petition on Form I–140 for classification of an alien under section 203(b)(1)(C) of the Act as a multinational executive or manager.The US employer must be doing business, meaning the regular, systematic, and continuous provision of goods and/or services by a firm, corporation, or other entity and does not include the mere presence of an agent or office.

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The Executive/Manager beneficiary’s duties must be to primarily:

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(A) Directs the management of the organization or a major component or function of the organization.

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(B) Establishes the goals and policies of the organization, component, or function.

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(C) Exercises wide latitude in discretionary decisionmaking; and

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(D) Receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization.

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Managerial capacity means an assignment within an organization in which the employee primarily:

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(A) Manages the organization, or a department, subdivision, function, or component of the organization.

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(B) Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization.

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(C) If another employee or other employees are directly supervised, 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, functions at a senior level within the organizational hierarchy or with respect to the function managed; and

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(D) Exercises direction over the day-to-day operations of the activity or function for which the employee has authority.

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Mandatory Initial Evidence

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A statement from an authorized official of the US employer which demonstrates that:

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(A) If the alien is outside the United States, in the three years immediately preceding the filing of the petition the alien has been employed outside the United States for at least one year in a managerial or executive capacity by a firm or corporation, or other legal entity, or by an affiliate or subsidiary of such a firm or corporation or other legal entity; OR

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(B) If the alien is already in the United States working for the same employer or a subsidiary or affiliate of the firm or corporation, or other legal entity by which the alien was employed overseas, in the three years preceding entry as a nonimmigrant, the alien was employed by the entity abroad for at least one year in a managerial or executive capacity.

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(C) The prospective employer in the United States is the same employer or a subsidiary or affiliate of the firm or corporation or other legal entity by which the alien was employed overseas; and

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(D) The prospective US employer has been doing business for at least one year

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Appropriate Additional Evidence.

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In appropriate cases, the director may request additional evidence.

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Determining managerial or executive capacities

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(i) A first-line supervisor is not considered to be acting in a managerial capacity merely by virtue of his or her supervisory duties unless the employees supervised are professional.

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(ii) An individual shall not be considered to be acting in a managerial or executive capacity merely on the basis of the number of employees that the individual supervises or has supervised or directs or has directed.

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No Labor Certification is Required

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No labor certification is required for this classification.

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Offer of Employment Required.

 

The prospective US employer must furnish a job offer in the form of a statement which indicates that the alien is to be employed in the United States in a managerial or executive capacity. Such letter must clearly describe the duties to be performed by the alien.

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