The EB-1C Multinational Managers or Executives category is employment-based first preference immigration which is given to top-level executives and managers of foreign companies who are transferred to the U.S. The transfers can be between different branches of the same company, or between different companies with one of the following types of relationship: (1) parent-subsidiary; (2) home office-branch office; and (3) affiliate-affiliate.

      There are three basic requirements for this category:

(1) The employee must have worked in either a managerial or executive capacity, for the related company abroad, for at least a one-year ___period in the three years preceding the transfer; and
(2) The company must conduct business within the United States and another country in the regular, systematic, and continuous provision of ___goods or services; and
(3) The company must have been in existence in the United States for at least one year.

      Regulations also specify requirements for the "managerial capacity" and "executive capacity". The managerial capacity requirement is satisfied if the alien employee can prove that he/she personally:

(1) Manages the organization, department, component, or function;
(2) Supervises and controls the work of other supervisory, managerial, or professional personnel;
(3) Has authority to make personnel hiring/firing decisions; and
(4) Exercises discretion over day-to-day operations or function.

      The executive capacity requirement is satisfied if the alien employee can prove that he/she primarily:

(1) Directs management of an organization, major component, or function;
(2) Establishes goals and policies;
(3) Exercises wide latitude in discretionary decision-making; and
(4) Receives only general supervision from higher executives, the board of directors, or stockholders.

www.miaolaw.com

Tel: 718-865-8966
Fax: 718-865-8977

E-Mail Us:
attorneymiao@gmail.com
xin.miao@miaolaw.com

All Rights Reserved.