EB-1(c)

EB-1(c) for Multinational Executives & Managers

The EB-1(c) green card category is for aliens who has received an offer of permanent job position in the executive or managerial capacity from a U.S. employer which maintains a qualifying relationship (parent, affiliate or subsidiary) with the alien worker’s foreign employer.

No permanent labor certification is required although a qualified job offer, setting out the title, terms and conditions of employment, from a qualifying employer is required.

Qualifications for Outstanding Professor or Researcher standard:

To qualify for the EB-1(c), you must prove that:

1. You were employed by a foreign company having a qualifying relationship with the U.S. employer as an executive or manager for at least one year out of the three years before being transferred to the United States

• This “one of three years” requirement may be met even if you are in the U.S. for more than three years if you are working for same employer, affiliate or subsidiary in the U.S., and were employed for at least one year of the last three years by the company abroad before entering the U.S. in a non-immigrant visa status
• The foreign company, which is your former employer, must continue to exist and has a qualifying relationship with your U.S. sponsoring employer at the time of I-140 petition filing

2. The U.S. employer has been doing business for one year, and is active, conducting substantial business in a true need of an executive or manager
3. Seek to enter the U.S. to render services to the same employer, or subsidiary or affiliate, in a managerial or executive capacity.

• Unlike the L-1, a specialized knowledge worker cannot qualify.

Managerial capacity means an assignment with the business organization in which you personally:

• Manage the organization, department, subdivision, function or component; and
• Supervise and control the work of other supervisory, professional or managerial employees, or manage an essential function within the organization or department or subdivision of the organization (who is called a “function manager”); and
• First line supervisors are not considered managers unless the employees they supervise are professionals. Further, even if the employees are professionals, the position must be primarily managerial
• Here, a function manager can also be defined as a manager who has responsibility for one area of activity such as finance, marketing, production, personnel, accounting, or sales. To establish that a beneficiary will be employed in a managerial capacity as a “function manager,” the petitioner must demonstrate that: (1) the function is a clearly defined activity; (2) the function is “essential,” i.e., core to the organization; (3) the beneficiary will primarily manage, as opposed to perform, the function; (4) the beneficiary will act at a senior level within the organizational hierarchy or with respect to the function managed; and (5) the beneficiary will exercise discretion over the function’s day-to-day operations.
• Have authority to hire and fire or recommend personnel actions, or if no direct supervision, functions at a senior level; and
• Exercise discretion over day-to-day operations of the activity or function.

 

Executive capacity means an assignment in a business organization in which you primarily:

• Direct the management of the organization or a component or function; and
• Establish goals and policies; and
• Exercise wide latitude in discretionary decision making; and
• Receive only general supervision or direction from higher level executives, board of directors or stockholders.