What is EB1C Multinational Manager/Executive?
EB1C is an employment-based priority worker category for multinational manager or executive. The employee must have been employed outside the United States for at least 1 year by a foreign company in the 3 years preceding the EB1C petition and seeking to enter the United States to continue to render services to a U.S. affiliate employer in a managerial or executive capacity.
We can provide free initial evaluation of your case based on the following information:
- Your employment history, including length and position
- Your proffered U.S. job position
- The relationship between the U.S. petitioner and the foreign entity
- Totality of evidence demonstrating that your positions in both entities are in a capacity that is managerial or executive
No Labor Certification Required
No labor certification is required for this classification. The prospective U.S. employer must furnish a job offer in the form of a statement which indicates that it will hire the employee in a managerial or executive capacity and a summary of the duties to be performed.
What is Managerial or Executive Capacity?
Managerial capacity means an assignment within an organization in which the employee primarily–
- Manages the organization, or a 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; and
- Exercises discretion over the day-to-day operations of the activity or function for which the employee has authority. A first-line supervisor is not considered to be acting in a managerial capacity merely by virtue of the supervisor’s supervisory duties unless the employees supervised are professional.
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; and
- Receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization.