EB1-3 Multinational Executives & Managers

The Multinational Executive or Manager (or EB1-3) category is designed for employees who have been offered a regular full-time position, in a managerial or executive capacity, with a U.S. employer who has been doing business in the United States for at least one (1) year, and also worked for a qualifying employer abroad, in a managerial or executive capacity for one of the three years prior to entering the United States in nonimmigrant status. Qualifying employers are typically the same, an affiliate, a subsidiary, or a parent company of the U.S. employer. To determine if the position qualifies as managerial, the duties both abroad and in the offered U.S. position must involve:

1. Managing the organization, or a department, subdivision, function, or component of the organization;
2. Supervising and controlling the work of other supervisory, professional, or managerial employees, or managing an essential function within the organization; or a department or subdivision of the organization;
3. Having the authority to hire and fire or recommend those, as well as other personnel actions, (such as promotion and leave authorization) if another employee or other employees is/are directly supervised;
4. Exercising discretion over the day-to-day operations of the activity or function for which the employee has authority.

To determine if the position qualifies as executive, the duties both abroad and in the offered U.S. position must involve:

1. Directing the management of the organization or a major component or function of the organization;
2. Establishing the goals and policies of the organization, component, or function;
3. Exercising wide latitude in discretionary decision-making; and
4. Receiving only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization.

Note that in both categories, the position must primarily be managing or directing the hands-on or day-to-day functions of the company, rather than doing these functions themselves.

The green card process for this category involves the employer completing and filing a “Preference Petition” with U.S. Citizenship & Immigration Services (“USCIS”). Estimated processing time averages about four (4) to twelve (12) months depending on employer location.

If a visa number is available, the individual may proceed to the final step, which is the actual application for green card status. This application may take the form of (1) an application to adjust status, which may be filed concurrently with the preference petition mentioned above as long as an immigrant visa number is available or (2) an application for an immigrant visa, which must be filed and adjudicated (with a personal interview) by a U.S. consul outside the U.S. The choice of which path to follow is highly dependent on individual facts and circumstances.

In the interim, many choose to obtain a temporary L-1 visa, which permits the holder to live and work in the U.S. while waiting for the green card process to be completed.