EB-1C Visa Attorney Answers FAQs

EB-1C Visas FAQs

A multinational manager is defined as an individual who:

  1. Manages the organization, or a department, subdivision, function, or component of the organization;
  2. 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;
  3. Has the ability to hire and fire (or recommend those and other personnel actions) employees that are directly supervised, or if the individual does not supervise employees, functions at a senior level within the organizational hierarchy or with respect to the function managed; and
  4. Exercises direction over the day-to-day operations of the activity or function for which the employee has authority.

A multinational executive is defined as an individual who:

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

No. Although the number of individuals that you supervise can help you to show that you qualify as a multinational executive or manager, you do not necessarily have to supervise anyone at all. In addition, the fact that you supervise a lot people does not necessarily demonstrate that you are actually acting in a managerial or executive capacity. Every position will be considered in the context of the company that they serve. Also, it is important to note that first-line supervisors are not considered to be acting in a managerial capacity by virtue of the supervisory duties alone, unless the employees supervised are professional.

No. Although many people that apply for residency under this category are L-1A visa holders (because many of the requirements are similar), there is no set requirement for the type of visa that you must be on when applying for a multinational executive or managerial green card.

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