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Advantages:
- No Labor Certification is required.
Who Qualifies:
- A U.S. employer, which is a multinational business, or the U.S. subsidiary or affiliate of a multinational business may file I-140 Petitions on behalf of alien employees who qualify under USCIS definitions as executives or managers.
- A "multinational business" is one which conducts business in two or more countries, one of which is the U.S. The U.S. employer must have been doing business for a least one year.
- To qualify as an Executive, the worker must:
- Direct the management of the organization or a major component or function of the organization;
- Establish the goals and policies of the organization, component or function;
- Exercise wide latitude in discretionary decisionmaking; and
- Exercise wide latitude in discretionary decisionmaking; and
- Receive only general supervision from higher level executives, the board of directors, or stockholders of the organization.
To qualify as a Manager, the worker 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 manages an essential function within the organization, or a department or subdivision of the organization;
- Have the authority to hire and fire supervised employees, or recommend them for promotion or other personnel action, or (if there are no immediate supervisees) function at a senior level within the organizational hierarchy; and
- Exercise direction over the day to day operations of the activity or function over which the worker has authority.
- The management of employees is not essential to qualify for classification in this category.
- The alien may supervise and control the work of other supervisory, professional, or managerial employees, or mange as essential function within the organization, or a department or subdivision of the organization.
- If he/she directly supervises other employees, the alien must have the authority to hire and fire, or to recommend other personnel actions such as promotions, or leave authorization.
- If the alien does not directly supervise other employees, then he/she must perform at a senior level within the organization, or with respect to the function managed, exercising direction over the day-to-day operations of his/her assigned activities.
- A first line supervisor cannot be considered a manager unless the employees he/she supervises are professionals.
Requirements:
- If the alien is outside the U.S., he/she must have been employed outside the U.S. for at least one year in the past three years in a managerial or executive capacity by a firm or corporation or other legal entity, or by its affiliate or subsidiary.
- If the alien is already in the U.S. 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 abroad, he/she must have been employed by the entity abroad in a managerial or executive capacity for at least one year in the three years preceding his/her entry as a nonimmigrant.
Filing Procedure:
- The USCIS Form I-140 is submitted with a company financial statement, evidence which demonstrates that the U.S. employer has been doing business for a least one year, evidence that the alien has been employed by the U.S. company for at least one of the past 3 years, and a a job offer letter which indicates that the alien will be employed in an executive or managerial capacity and clearly describes the duties to be performed by the alien.
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