Multinational Executives and Managers

The multinational manager or executive category is available to foreign nationals who have worked outside of the United States as a manager or executive for at least one year out of the past three years and who are coming to the United States to perform managerial or executive services for a related United States employer on a full-time, permanent basis.

This category is a preferred method to obtain permanent resident status because it is in the first employment-based preference category and therefore relatively fast. Historically, there has been no waiting time for the first employment-based preference category and the foreign national employee may immediately apply for permanent resident status. In this case, the only waiting time is the processing time.

Affiliate means:

  • One of two subsidiaries both of which are owned and controlled by the same parent or individual
  • One of two legal entities owned and controlled by the same group of individuals, each individual owning and controlling approximately the same share or proportion of each entity
  • A partnership that is organized in the United States if it markets its services under an internationally recognized name under an agreement to which the United States partnership is also a member

Doing business means:

Doing business means the regular, systematic, and continuous provision of goods and/or services by a firm, corporation, or other entity and does not include the mere presence of an agent or office.

Executive capacity means:

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

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

Managerial capacity means:

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

  • Manages an organization, department, subdivision, function, or component of the organization
  • Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization
  • If another employee or other employees are directly supervised, has the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization), or, if no other employee is directly supervised, functions at a senior level within the organizational hierarchy or with respect to the function managed
  • Exercises direction over the day-to-day operations of the activity or function for which the employee has authority

Subsidiary means:

Subsidiary means a firm, corporation, or other legal entity of which a parent owns, directly or indirectly, more than half of the entity and controls the entity; or owns, directly or indirectly, half of the entity and controls the entity; or owns, directly or indirectly, 50 percent of a 50–50 joint venture and has equal control and veto power over the entity; or owns, directly or indirectly, less than half of the entity, but in fact controls the entity.