EB-1 Visa: Multinational Managers

An EB-1 visa is a first-preference immigration visa granted only to exceptional applicants. Those who qualify can bypass Labor Certification requirements and receive a visa in a much shorter time than applicants for other types of immigrant visas.

Multinational managers and executives may be eligible to receive this type of visa if they can demonstrate their eligibility. At the law office of Luis F. Hess, the team of skilled immigration lawyers understand how to show that an applicant is entitled to an EB-1 first preference visa and can advocate on behalf of applicants throughout the process to obtain the right results with maximum efficiency.

Requirements for an EB-1 Visa for Managers and Executives

Essentially, the EB-1 visa allows managers and executives who transfer from a firm outside the U.S. to an affiliated company in the U.S. to become lawful permanent residents with a green card. Because an EB-1 visa is based on employment, an applicant must have a qualifying employer petition for immigration on their behalf. Immigration officials will look at requirements for both the visa applicant and that applicant’s employer.

The employer must have been conducting business in the U.S. for at least one year and must have a “qualifying relationship” with the company that employed the manager or executive abroad. The employer must also intend to employ the applicant in an executive or managerial capacity.

The individual manager or executive must have been employed outside the U.S. for at least one out of the three years prior to the petition for immigration (If the applicant is already working for the U.S. employer, then the three year period is that preceding the most recent nonimmigrant admission to the U.S.) The previous employment and prospective employment must be of a managerial or executive nature.

What Qualifies as Executive or Managerial for an EB-1 Visa?

It takes more than a job title to qualify for an EB-1 Visa. Immigration officials will look closely at an applicant’s actual job duties. It is wise to demonstrate:

  • Past and future job duties related to policy or operational management. 
  • Engagement in strategic planning and/or directing major activities for the employer
  • Establishment of overall goals for the organization (which are then executed by lower-level managers)
  • Oversight of other professional and managerial employees
  • Authority to hire and fire or recommend personnel actions

Generally, supervision of lower-level employees is not enough to qualify for an EB-1 managerial visa. In rare situations, USCIS will recognize a “Functional Manager” who does not oversee high-level employees but exercises control over a critical department or function. However, it is challenging to obtain a visa for this type of employee.

The Relationship Between the International Employer and the U.S. Employer

To receive an EB-1 visa, managers and executives must work for companies with a qualifying relationship. What makes a relationship qualify is the sharing of ownership and control.

The U.S. and non-U.S. companies may have a parent-subsidiary relationship, or they could be sibling organizations. If a parent company has less than 50% ownership but still demonstrates de facto control, that could be enough to qualify.

A Skilled Immigration Lawyer Can Demonstrate Your Eligibility for an EB-1 Visa

Immigration visas are granted in very limited numbers each year, so demonstrating that you are eligible for a first preference EB-1 visa could allow you to obtain a green card much more quickly than if you have to apply for a lower preference visa. Competition for these visas can be fierce, and immigration agents scrutinize documents closely to ensure that only qualified candidates receive approval.

An experienced immigration lawyer at Luis F. Hess, PLLC could document your eligibility so that you can obtain your green card and move forward without undue delays or added expenses. For a confidential consultation to learn more about how our dedicated legal team can assist in your case, contact us today.