Multinational executives and managers

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Updated: 4/13/2007 3:36 pm
If you hold a multinational executive or managerial position in a company and would like to work in the United States, you may qualify as a priority worker in the First Preference Employment-Based Category, also known as an EB1 (E-B-one) classification. An EB1 classification can be very beneficial as it allows you to avoid the lengthy labor certification process and obtain permanent residence in the United States in a relatively short period of time. To be eligible, you must be continuously employed abroad by a foreign employer for at least one year within the three years preceding the time you apply for admission into the U.S. The foreign employer must be a parent, affiliate, or subsidiary of a U.S. employer and may be a profit, non-profit, religious, or charitable organization. You must continue providing your managerial or executive service to the same employer or its subsidiary or affiliate when you come to the United States. If you’re already in the U.S., you must prove that you’ve been working for the same employer abroad for at least one year in the three years preceding your entry as a non-immigrant to the U.S. Keep in mind that titles alone don’t make you eligible for inclusion in the EB1 multinational executive/manager category. You must meet the Immigration and Naturalization Service’s definition of an executive or a manager. To qualify as an executive, you must direct the management of an organization or a major component or function of the organization, establish the goals and policies of the organization, exercise wide latitude in discretionary decision making, and receive only general supervision from higher level executives, the board of directors, or stockholders of the organization. Typical executive positions are presidents, vice-presidents, and controllers. To qualify as a manager, you must manage the organization, or a department, subdivision, function, or component of the organization, supervise and control the work of other supervisory, professional, or managerial employees, or manage an essential function within the organization. You must also exercise direction over day-to-day operations and have the authority to hire, fire, and promote supervised employees. Exceptions to these qualifications exist if you’re coming to the United States to open a new office. In order to claim EB1 status, your American employer must file Form I-140 (eye one-forty), or Immigrant Petition for Alien Worker, on your behalf. The Immigration and Naturalization Service also requires your prospective U.S. employer to provide a written job offer indicating that you’ll be employed in a managerial or executive capacity. The letter should clearly describe the duties you’re to perform. As noted before, if you’re granted EB1 status, not only will you be authorized to work in the United States, but you may also be eligible to obtain permanent residence in the future.
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