To be qualified for a multinational executive or manager under a EB-1C Visa, you must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation. It is also required that you are seeking to enter the United States with the desire and commitment to service to that firm or organization. Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer. The EB 1-C Visa offers many advantages compared to other immigrant visas, including being exempt from having a labor certification.
The employer of the EB-1C holder must file the petition for the manager of executive transferee due to USCIS regulation and rules. The petition must be accompanied by a statement from the U.S. employer affirming all of the pertinent requirements, including a description of the job duties to be performed by the foreign beneficiary in the United States, the job duties performed by the foreign beneficiary abroad, and the periods of employment by the foreign beneficiary abroad.
A manager is defined as someone who:
- Oversees an organization, department, or a sector of the organization
- Directs and controls the work of employees including supervisors and managers
- Authorizes hire and fire and provides advice for proper action
- Employed at a senior level
- Operates day-to-day tasks and activities of organization
An executive is defined as someone who:
- Manages the organization or major elements of the organization
- Put in place goals and policies for the organization to adhere by
- Practices wide-variety of important decision-making
- Only given direction from extremely chief executives and board of directors
Applying for a EB-1C can be a grueling and involved process to provide enough evidence that you have been recognized internationally in your work. Be prepared for all situations by having a lawyer by your side. It is crucial to have an experienced Multinational Managers & Executives Visa immigration lawyer by your side to help you through the application process to make sure that you have met all the required criteria to be granted a EB-1C Visa.