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EB-1C Multinational Executives and Managers

EB-1 is an employment-based petition for permanent residence reserved for those who are among the most able and accomplished in their respective fields within the arts, sciences, education, business, or sports. There are three (3) types of EB-1 petitions:

Alien of Extraordinary Ability EB-1A
Outstanding Researcher/Outstanding Professor EB-1B
Managers and Executive Transferees EB-1C

EB-1C, also known as multinational managers or executives, is given to executives and managers of foreign companies who are transferred to the U.S.

The basic requirements for multinational executives and managers:
1. One Year Overseas Working Experience
The alien must have worked overseas in a managerial or executive position for at least one of the three years immediately preceding the filing of the petition. This past employment must have been with the same employer, an affiliate, or a subsidiary of the U.S. employer.

2. Multinational Relationship
There must be a control relationship between the overseas company and the U.S. Company. The U.S. Company must be either an affiliate, or a subsidiary, or the same employer as the one that employed the alien abroad. In addition, the U.S. Company must have been doing business for at least one year.

3. Managerial or Executive Role
The alien must be coming to the U.S. to work in a managerial or executive capacity.

"Managerial capacity"means that the employee primarily manages the organization, controls the work of other supervisors, or manages a function, has the authority to hire or fire, exercise discretion over the day-to-day operations or function for which the employee has the authority.

"Executive capacity"means that the employee primarily directs the management, establishes goals and policies, and exercises wide latitude in decision-making.

 
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