Multinational executives and managers are exempt from the labor certification requirement. This exemption has the practical effect of saving considerable time and cost for an individual and company and enables the company to avoid the labor certification recruitment requirement which can be complex, time consuming and expensive.
Most multi-national executives or managers are already in the U.S. working for their sponsoring companies with L-1 visas, but having an L-1 visa is not a requirement for a green card as a multi-national executive.
Our firm represents executives and managers who are “starting-up” business operations in the U.S. for foreign corporations as well those being transferred to the U.S. by large international corporations based in the U.S. or abroad.
To be admitted as an immigrant, a multinational executive or manager must have been employed in a managerial or executive or executive capacity for at least one out of the past three years. The past employment must be with the same employer, an affiliate, a parent or a subsidiary. The petitioning employer must have been doing business in the U.S. for at least one year.
Not just any executive or manager can make the grade. To qualify as an executive, the worker must:
- direct the management of the organization or a major component or function of the organization;
- establish the goals and policies of the organization, component or function;
- exercise wide latitude in discretionary decision-making; and
- receive only general supervision from higher level executives, the board of directors, or stockholders of the organization.
To qualify as a manager, the worker must:
- manage the organization, or a department, subdivision, function, or component of the organization;
- supervise and control 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;
- have the authority to hire and fire supervised employees, or recommend them for promotion or other personnel action, or (if there are no immediate supervisees) function at a senior level within the organizational hierarchy; and
- exercise direction over the day to day operations of the activity or function over which the worker has authority.