EB-1, Multi-national Executives and Managers

The multi-national executives and managers EB-1 petition allows multinational companies to transfer top-level executives and managers to the United States as permanent residents. 

In order to apply for permanent residency as a multi-national executive or manager, an applicant must have been employed abroad continuously for one (1) of the previous three (3) years by a parent, branch, subsidiary, or affiliate of a U.S. organization in either a managerial or executive capacity.  In addition, the applicant must demonstrate that they intend to enter the United States in order to continue serving that organization in a managerial or executive capacity.

Managerial capacity defined

Managerial capacity means a position within an organization in which the employee primarily:

• Manages the organization, department, subdivision, function, or component;
• Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, department, or subdivision of the organization;
• Has authority to hire and fire, or recommend personnel actions (if the employee directly supervises other employees), or if no direct supervision, functions at a senior level within the hierarchy of the organization or as to function managed; and
• Exercises discretion over the day-to-day operations of the activity or function for which the employee has authority.

Executive capacity defined

Executive capacity means a position within an organization in which the employee primarily:

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

How to apply

The petitioning U.S. organization must file Form I-140, Immigrant Petition for Alien Worker, with the U.S. Citizenship and Immigration Services center that has jurisdiction over the place of intended employment.  Upon approval of the petition, the applicant will be eligible to become a permanent resident.