Applying for U.S. Permanent Residency as a Multinational Executive or Manager

1. The Employment-based First Preference Immigration Category (EB1)

The Immigration and Nationality Act (INA) permits multinational executives and managers to apply for permanent residence under the employment-based immigration first preference category (EB1). The employment-based first preference category are not subject to a Labor Certification requirement. The first preference immigration category consists of three subcategories, each has different eligibility requirements:

a. aliens with extraordinary ability in sciences, arts, education, business or athletics (EB1-A or EB1-EA);

b. outstanding professors or researchers (EB1-B or EB1-OR);

c. multinational executives or managers (EB1-C).

Certain multinational executives or managers can obtain their green cards by showing that they served for at least one year in another country in an executive or managerial position with the parent, subsidiary, or affiliated company of an U.S. company. This process requires the individual to have a permanent job offer from the U.S. company to work in an executive or managerial position. 

2. Applying for U.S. Permanent Residency as a Multinational Executive or Manager

Owners, executives, or managers of multinational companies seeking to expand to or relocate in the United States may wish to seek permanent residence in the United States. The most appropriate immigration category for owners, executives and managers of such companies is the EB1-Multinational Executives and Managers.

Most executives and managers of multinational companies will be able to seek permanent residence under the first employment-based preference as multinational managers and executives (EB1-C). This process does not require Labor Certification. The requirements for multinational executives and managers under the first employment-based preference are similar to those for executives and managers under the L-1A non-immigrant visa. 

In addition to the requirements applicable to L-1A non-immigrants visa, a multinational executive or manager seeking permanent residence must have assumed an executive or managerial position abroad and the U.S. operation must already have been doing business for at least one year.

There is no requirement for the alien to have first obtained L-1A status. For example, an eligible alien may enter under E-1 or E-2 status and then seek permanent residence as a multinational executive or manager once the U.S. business has been operating for at least one year. To obtain permanent residency as a Multinational Executive or Manager, the alien must have been employed outside the U.S. in a managerial or executive capacity for at least one of the three years immediately preceding the filing of the petition; the foreign worker must be coming to work in an executive or a managerial capacity; and there must have been relationship for at least one year between the two affiliated companies. 

3. Multinational Executive/Manager and the L-1 Work Visa

The Multinational Executive and Manager category for employment-based green card closely resembles the L-1A visa category. Therefore, many people who qualify for an L-1A visa as an Executive or Manager would also qualify for permanent residency in the United States, without a Labor Certification application. 

Please note that L-1B employees with "specialized knowledge" are not eligible for this type of green card petition, unless they meet the requirements of Multinational Executive or Manager.