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Individuals who, in the three years preceding the filing of petitions
for this classification, have been continuously employed for at
least one year by a firm, corporation or other legal entity or an
affiliate or subsidiary thereof, and who seek to enter the U.S. to
continue to render services to the same employer in a capacity
that is managerial or executive may seek classification as a
Multinational Executive or Manager.
The Immigration and Naturalization Service (USCIS) has published
regulations defining the terms "manager" and "executive."
Individuals seeking classification as a "manager" must meet four
criteria set forth by USCIS:
Individuals seeking classification as an "executive" must also
meet four criteria set forth by USCIS:
A petition must be filed with USCIS to request EB1-3 classification.
There is no labor certification requirement for this special
category.
Upon approval of the EB1-3 petition, the individual, his/her
spouse and children under 21 years of age may apply for their
immigrant visas either through adjustment of status in the United
States or through consular processing at a U.S. Consulate
outside of the United States.
for this classification, have been continuously employed for at
least one year by a firm, corporation or other legal entity or an
affiliate or subsidiary thereof, and who seek to enter the U.S. to
continue to render services to the same employer in a capacity
that is managerial or executive may seek classification as a
Multinational Executive or Manager.
The Immigration and Naturalization Service (USCIS) has published
regulations defining the terms "manager" and "executive."
Individuals seeking classification as a "manager" must meet four
criteria set forth by USCIS:
- 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 manage an
essential function within the organization, or a department
or a subdivision of the organization;
- have authority to hire and fire or recommend those as well
as other personnel actions, or is no personnel are
supervised, function at a senior level in the organizational
hierarchy with respect to the function managed and;
- exercise discretion over the day to day operations of the
activity or function for which the employee has authority.
Individuals seeking classification as an "executive" must also
meet four criteria set forth by USCIS:
- alien must have an assignment within the company where
he/she primarily directs the management of the
organization or a component or function;
- alien must establish the goals and policies of the
organization, component or function;
- alien must exercise wide latitude in discretionary decision
making and the alien must receive only general supervision
from higher level executives, the Board of Directors or
stockholders.
A petition must be filed with USCIS to request EB1-3 classification.
There is no labor certification requirement for this special
category.
Upon approval of the EB1-3 petition, the individual, his/her
spouse and children under 21 years of age may apply for their
immigrant visas either through adjustment of status in the United
States or through consular processing at a U.S. Consulate
outside of the United States.
BOGLE
OKOYE
CHANG
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EB1(3): Multinational Executives or Managers
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