> Overview

A multinational employer may petition for a green card for a Multinational Manager or Executive by filing an I-140 under category EB-1C. While a job offer is required, Labor Certification is not required, making the immigration side of the hiring process cheaper, faster, and less difficult. Moreover, there is usually no wait for a priority date, allowing the petition to be filed with an I-485 so the manager or executive can receive his or her green card faster. The EB-1C is an excellent choice for hiring a multinational manager or executive.

To qualify as Multinational Manager or Executive, the employer and individual must show:

• The employer has operated in the US for at least one year
• The employer conducts business within both the US and another country in a regular, systematic, and continuous provision of goods or services
• The individual has been employed for at least one of the past three years by either the overseas affiliate, parent, subsidiary, or branch of the US employer
• The individual will work in the US in a managerial or executive capacity

Due to the EB-1C petition's very particular standards, we strongly encourage anyone wishing to pursue an EB-1C petition seek the counsel of an immigration attorney.

> What is a managerial or executive capacity?

An individual is employed in a managerial capacity when her or she personally:

• Manages his or her organization, department, component, or function
• Supervises and controls the work of other supervisory, managerial, or professional personnel
• Has authority to make personnel employment decisions
• Can exercise discretion over day-to-day activities

An individual is employed in an executive capacity when he or she primarily:

• Directs the management of an organization, major component, or function
• Establishes goals and policies
• Exercises wide latitude in discretionary decision-making
• Receives only general supervision from higher-level executives, the board of directors, or stockholders

The details of the managerial or executive position will be presented to the government in a job offer letter. We will work with the employer to ensure the documentation of the job offer will meet the standards required by the government.

> Can I petition for myself?

Unfortunately not. The employer offering the job must file the petition.

> Can family members also receive green cards?

Yes. The outstanding professor or researcher’s opposite-gender spouse and all children under age 21 may also receive green cards.

> How long does the multinational executive or manager petition process take?

There is no specific length of time the government takes to decide an EB-1 petition. A decision could be reached within days or it could take a year. We suggest one should expect a wait of at least 4 months with most petitions taking 6 to 12 months.

> Is there a way to speed up the process?

Yes. The government charges a fee of $2500 premium processing for premium processing. That fee will require USCIS respond to the petition within 45 days or refund the fee.

> How much does it cost?

The government's fee for an EB-1 petition is $700. If the researcher or professor will remain in the US to await a green card, an additional $1225 is required for the I-485, or if the researcher or professor will obtain an immigrant visa at a consulate after approval of the EB-1 petition, the government will charge fees of $325 before the interview and $220 after the interview. This does not include attorneys fees and other expenses.

> I think I qualify as a multinational executive or manager. What do I do now?

Contact us to schedule a consultation.