Certain Multinational Executives and Managers
A U.S. employer, which is a multinational business, or the U.S. subsidiary or affiliate of a multinational business may file I-140 Petitions on behalf of alien employees who qualify under USCIS definitions as executives or managers as set forth below. A “multinational business” is one, which conducts business in two or more countries, one of which is the U.S. The U.S. employer must have been doing business for a least one year. If the alien is outside the U.S., he/she must have been employed outside the U.S. for at least one year in the past three years in a managerial or executive capacity by a firm or corporation or other legal entity, or by its affiliate or subsidiary. If the alien is already in the U.S. working for the same employer, or a subsidiary, or affiliate of the firm or corporation or other legal entity by which the alien was employed abroad, he/she must have been employed by the entity abroad in a managerial or executive capacity for at least one year in the three years preceding his/her entry as a nonimmigrant. No Labor Certification is required, however the U.S. employer must furnish a job offer letter which indicates that the alien will be employed in an executive or managerial capacity, and clearly describes the duties to be performed by the alien. To qualify as an executive, the alien must primarily direct the management of the organization, or a major component of function of the organization. He/she will establish the goals and policies of the organization, component, or function, exercising wide latitude in discretionary decision-making, while receiving only general supervision from higher level executives, the board of directors, or stockholders of the organization. A “manager” manages the organization, or department, subdivision, function, or component of the organization. The management of employees is not essential to qualify for classification in this category. The alien may supervise and control the work of other supervisory, professional, or managerial employees, or mange as essential function within the organization, or a department or subdivision of the organization. If he/she directly supervises other employees, the alien must have the authority to hire and fire, or to recommend other personnel actions such as promotions, or leave authorization. If the alien dies not directly supervise other employees, then he/she must perform at a senior level within the organization, or with respect to the function managed, exercising direction over the day-to-day operations of his/her assigned activities. A first line supervisor cannot be considered a manager unless the employees he/she supervises are professionals. The only evidence initially required to be submitted with the petition is a financial statement and letter from an authorized official of the U.S. employer, which demonstrates that the U.S. employer has been doing business for a least one year. The U.S. employer must be the same employer, or a subsidiary, or affiliate of the firm, or corporation by which the alien was employed overseas in a anagerial or executive capacity for at least one year in the previous three years immediately preceding the filing of the petition.