THE HOLT LAW GROUP

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.