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Multinational
Executives and Managers (1st preference):
A U.S. employer that is a multinational business, or the U.S.
parent, subsidiary or affiliate of a multinational business
may file an I-140 petition on behalf of an alien employee
who qualifies under the CIS regulations as an executive
or manager.
No Labor Certification is required for classification in this
category as a multinational executive or manager. The
employer must provide a job offer and establish that the alien
will be employed in an executive or managerial capacity.
To qualify aliens must be outside the U.S. and employed by
the foreign parent, affiliate or subsidiary for at least 1
year in the past 3 years in a managerial or executive position.
The U.S. Company is related to the foreign entity as a parent
company, subsidiary or affiliate.
For alien workers to qualify as an executive, the aliens must
primarily directly manage the organization or a major function
of the organization. They will establish the goals and policies
of the organization, component or function, exercise wide
latitude in discretionary decision making and receive only
general supervision or direction from higher level executives,
board of directors or company stockholders.
A manager manages the organization, department, subdivision,
function or component of the organization. Management
of employees is not essential to qualify. However, if
aliens supervise employees they should be supervisory, professional
or managerial employees. If no employees are supervised then
the manager must manage an essential function of the company
or division. |
Documentation:
Generally an application is submitted by the filing the appropriate
forms, supported by a letter from the employer demonstrating
the qualifying elements and further supported by documentation
establishing the elements for approval. The employer
is also required to submit financial information as well as
proof that the beneficiary employee meets all requirements. |
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