Multinational Manager or Executive

These materials are provided solely for informational purposes and are not legal advice. Transmission of these materials is not intended to create, and receipt does not constitute, an attorney-client relationship. Readers should not act upon the information contained in these FAQs without first seeking advice from a qualified attorney.

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What is a multinational manager or executive petition?

It is an immigrant visa petition (I-140) by which certain employees can be sponsored for permanent resident status in the employment-based first-preference (EB-1) category.

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Who may qualify as a multinational manager or executive?

A foreign national who has been employed continuously in a managerial or executive capacity by a related entity overseas for at least one year out of the past three, and who is coming to the U.S. to work in a managerial or executive capacity.

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What type of relationship is required between the petitioning U.S. employer and the related overseas entity?

The U.S. employer can be the parent, subsidiary or affiliate of the related overseas entity. The overseas entity that employed the foreign national must continue to exist and have a qualifying relationship with the U.S. entity at the time when I-140 petition is filed.

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What kinds of job duties qualify as managerial?

A multinational manager can be either a people manager or a functional manager, or both. A manager must primarily:

• Manage the organization or a department or component of same (or, for a functional manager, manage an essential function within the organization or department or subdivision);
• Supervise and control the work of other professional employees with at least Bachelor’s degrees (or, for a functional manager, function at a senior level within the organizational hierarchy or as to the function managed);
• Have the authority to hire and fire or recommend personnel actions for the professionals under direct supervision; and
• Exercise discretion over day-to-day operations of the activity or function.

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What kinds of job duties qualify as executive?

An executive must primarily:

• Direct the management of the organization or a major component or function;
• Establish goals and policies;
• Exercise wide latitude in discretionary decision-making; and
• Receive only general supervision or direction from higher-level executives, board of directors or stockholders.