EB-1 Multinational Executives
I. SUMMARY
II. WHAT IS THE EB1 CATEGORY?
III. WHO QUALIFIES UNDER EB1 CATEGORY?
IV. WHAT FORMS DO I USE TO APPLY?
V. FAMILY MEMBERS
VI. FEES TO USCIS/CONSULATE
VII. PROCEDURE
III. WHO QUALIFIES UNDER EB1 CATEGORY?
IV. WHAT FORMS DO I USE TO APPLY?
C. CERTAIN MULTI-NATIONAL MANAGERS AND EXECUTIVES:
To qualify under this classification an applicant must demonstrate that the applicant has been employed for at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer. The applicant must be coming to work in a managerial or executive capacity. No labor certification is required for this classification, but the prospective employer must provide a job offer and file an I-140 petition with the USCIS. To Be Considered Managerial, the applicant Must: Quote:
1. Be in the management of an organization, department, component or function;
2. Have supervision and control of other supervisory, managerial, or professional personnel or the management of an essential function;
3. The authority to make personnel decisions; and
4. Exercise of discretion over operations or functions;
5. First line supervisors are not included;
6. For newly established offices, staffing levels are to be taken into account with the reasonable needs of the business.
To Be Considered Executive, You Must: Quote:
1. Have management of an organization or major component or function;
2. Have the authority to set goals and policies;
3. Have wide authority in discretionary decision making; and
4. Be supervised only in a general way from higher executives, board of directors, or stockholders;
5. For newly established offices, staffing levels are to be taken into account with the reasonable needs of the business.
Last Updated on Thursday, 05 January 2012 16:13