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EB-1 Green Cards for Executives
Multinational executives and managers are exempt from the labor
certification requirement.
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 decisionmaking; 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.
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