No Labor Certification is required.
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:
1. Direct the management of the organization or a major component or function of the organization;
2. Establish the goals and policies of the organization, component or function;
3. Exercise wide latitude in discretionary decisionmaking; and
4. Exercise wide latitude in discretionary decisionmaking; and
5. 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:
1. Manage the organization, or a department, subdivision, function, or component of the organization;
2. 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;
3. 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
4. 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.
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.
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.