The Multinational Managerial or Executive EB-1C petition allows international companies to transfer top-level executives and managers to the U.S. as permanent residents.

The following requirements must be satisfied by the employing company and employees.

Requirements for the EB-1C Employer
1. The company must have a qualifying relationship with a foreign company, such as a parent company, branch, subsidiary, or affiliate. These are collectively referred to as qualifying entities.

2. The company must conduct business as an employer in the United States and in at least one other country directly or through a qualifying organization in the regular, systematic, and continuous provision of goods or services.

3. The company must have been in existence in the United States for at least one year.

Some of these requirements are east to meet and do not require extensive documentation, especially if the employer is well known and a well-established company. However, when the company is small or just beginning, the employer should be prepared to provide extensive documentation to establish their eligibility for the EB-1C visa. We therefore strongly recommend in this case that they seek the professional services of an experienced immigration attorney.

Requirements for the EB-1C Employee
The EB-1C candidate must have been employed for one year within the past three years by the overseas affiliate, parent, subsidiary or branch of the U.S. employer and they must work in the United States in a managerial or executive capacity.

The managerial capacity requirement is met if the alien can prove that he or she personally:
1. Manages the organization, department, component or function;
2. Supervises and controls the work of other supervisory, professional or managerial employees, or manages an essential function within the organization or department or subdivision or the organization;
3. Has the authority to hire and fire and make personnel decisions; and
4. Exercises direction over day-to-day operations of the activity or function.
First-line supervisors are usually not considered managers for EB-1C visa purposes unless the employees they supervise are professionals. For example, a junior supervisor in an accounting firm may qualify under this definition because the employees he or she oversees are professional accountants.

The executive capacity requirement is met if the alien can prove that he or 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.

Example:
Joseph has been working for the Paris office of Company V for two years. Joseph is VicePresident of Marketing and is being relocated to the U.S. for four years to assume responsibility for developing the marketing goals and policies for the U.S. territory. Joseph has full discretion over all factors involved in establishing the new marketing standards and is responsible for ensuring its success.

Joseph qualifies as a Multinational Executive since he is personally responsible for outlining Company V's U.S. marketing goals and has the authority to execute the necessary steps independently.