Brand Logo
The right immigration attorney makes all the difference.

New York – 347-839-1700

745 Fifth Avenue
Suite 500
New York, NY 10151

Pittsburgh – 412-291-4400

One PPG Place
Suite 1600
Pittsburgh, PA 15222

Philadelphia – 215-880-4977

1515 Market Street
Suite 1200
Philadelphia, PA 19102

Practice Areas

Multinational Manager or Executive

“The Right Immigration Attorney Makes All The Difference”

Executives and managers of foreign companies who are transferred to the United States may qualify for permanent residence as multinational executives and managers if their employers wish to sponsor them for permanent residence in the United States. This is a fast and relatively easy path to permanent residence in the United States for those who qualify. Visa backlogs rarely occur in this employment-based preference category. A multinational manager or executive is eligible for priority worker status if he has been employed outside the United States, in the three years preceding the filing of the petition, for at least one year by a foreign firm or corporation and seeks to enter the United States to continue to work for that firm or organization. The employment of the executive or manager must have been outside the United States in a managerial or executive capacity with the same employer, an affiliate of the employer, or a subsidiary of the employer. The petitioner must be a United States employer, which has been doing business in the United States for at least one year, that is an affiliate, a subsidiary, or the same employer as the firm, corporation, or other legal body that employed the foreign national abroad.

The petitioning employer must file an I-140 petition with the U.S. Citizenship and Immigration Services. This employment-based permanent residence category is not self-petitioning: an employer must file the petition for the beneficiary transferee. No labor certification is required for any of the three employment-based, first preference category permanent residence petitions

The employer must document that the alien was employed by the company, or its affiliate, parent or subsidiary, outside the United States in a managerial or executive capacity for at least one year out of the three years directly preceding the individual’s nonimmigrant entrance of the United States. The definitions of manager and executive for the employment-based first preference 1 (C) category parallel those of the L-1 nonimmigrant category. Only multinational managers and executives may be sponsored by the employer for permanent residence in this category; specialized knowledge transferees must undergo labor certification in either the second or third employment-based preference categories. Moreover, first-line supervisors are not eligible for this permanent residence category as they are not considered to be acting in a managerial capacity merely by virtue of their supervisory duties. A transferee is not considered to be acting as a manager or executive merely due to the number of employees that he supervises, directly or indirectly.

The term managerial capacity means that the transferee:

  1. Manages an organization, department, subdivision, function, or component of the organization;
  2. Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function;
  3. If the transferee directly supervises other employees, the multinational manager has the authority to hire or terminate employees or recommend hiring or termination of employees;
  4. If the transferee does not supervise others, the multinational manager functions at a senior level within the organizational chain of command or with respect to the function managed; and
  5. Exercises direction over the day-to-day operations of the activity or function.

The term executive capacity means that the transferee:

  1. Directs the management of the organization or a major component, or function of the organization;
  2. Establishes the goals and policies of the organization, component, or function;
  3. Exercises wide latitude in making discretionary decisions; and
  4. Receives only broad supervision or direction from higher level executives, the board of directors, or the stockholders.

Contact an Immigration Attorney in Pittsburgh or Philadelphia, Pennsylvania, New York

To speak to an immigration lawyer about your immigration goals, including obtaining a work visa in Philadelphia or Pittsburgh, Pennsylvania, West Virginia, Ohio, New York or anywhere in the United States, we welcome you to contact us online or call 412-291-4400 | 215-880-4977 | 347-839-1700 . Free consultations are available. We represent clients throughout the United States, including Pittsburgh and Philadelphia, Pennsylvania, West Virginia, Western Pennsylvania, Eastern Ohio, New Jersey, Philadelphia County, Allegheny County, and worldwide in Korea, Africa, India, and Pakistan.

Contact Us

Complete the form below to speak to one of our immigration law attorneys.

Questionnaire

VALERIE L. MAY

attorney-img
superlawyers

Contact & Address Information

Pittsburgh Office
One PPG Place
Suite 1600
Pittsburgh, PA 15222

Toll Free1877LAWUSIM
Phone412-291-4400
Fax412-291-4401
Map & Directions

Philadelphia Office
1515 Market Street
Suite 1200
Philadelphia, PA 19102

Phone215-880-4977
Map & Directions

New York Office
745 Fifth Avenue
Suite 500
New York, NY 10151

Phone347-839-1700
Map & Directions