MULTINATIONAL EXECUTIVE OR MANAGERS
&
L-1 INTRACOMPANY TRANSFEREES

Permanent Residency Status As A
Multinational Executive Or Manager

To obtain permanent residency status, the petitioner must be a United States employer that is an affiliate, a subsidiary, or the same employer as the firm, corporation or other legal entity the employed the alien abroad. The petitioner must file an immigrant petition to classify the alien as a multinational executive or manager.  The alien must have been employed for at least one (1) year by the employer or an affiliate or subsidiary of the employer in the three (3) years preceding the time the employer filed its petition to have the alien classified as a multinational executive or manager; and the alien must seek to enter the United States to continue rendering services to the same employer or to a subsidiary or affiliate of the employer in a   managerial or executive capacity.  Further, the alien's prospective United States employer has to have been doing business for at least one year and must have the ability to pay the alien's wages.  Doing business does not include the mere presence of an agent or office.  No labor certification is required for this classification.

The following definitions apply for purposes of this nonimmigrant status:

Executive capacity means an assignment within an organization in which the employee primarily (a) directs the management of the organization or a major component or function of the organization; (b) establishes the goals and policies of the organization, component or function; (c) exercises wide latitude in discretionary decision making; and (d) receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization.

Managerial capacity means an assignment within an organization in which the employee primarily (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) 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 (4) exercises direction over the day-to-day operations of the activity or function for which the employee has authority.

In determining managerial or executive capacities, (i) a first-line supervisor is not considered to be acting in a managerial capacity merely by virtue of his or her supervisory duties unless the employees supervised are professional; or (ii) if staffing levels are used as a factor in determining whether an individual is acting in a managerial or executive capacity, the reasonable needs of the organization, component or function in light of the overall purpose and stage of development of the organization, component or function shall be taken into account. An individual shall not be considered to be acting in a managerial or executive capacity merely on the basis of the number of employees that the individual supervises or has supervised or directs or has directed.

Affiliate is defined as (i) one of two subsidiaries both of which are owned and controlled by the same parent or individual; or (ii) one of two legal entities owned and controlled by the same group of individuals, each individual owning and controlling approximately the same share or proportion of each entity.

Subsidiary is defined as a firm, corporation, or other legal entity of which a parent owns, directly or indirectly, more than half of the entity and controls the entity; or owns, directly or indirectly, half of the entity and controls the entity; or owns, directly or indirectly, 50 percent of a 50-50 joint venture and has equal control and veto power over the entity; or owns, directly or indirectly, less than half of the entity, but in fact controls the entity.

Nonimmigrant Status As An
Intracompany Transferee

An alien who (within three years preceding the time of his or her application for admission into the United States) has been employed abroad continuously for one year by a firm or corporation or other legal entity or parent, branch, affiliate or subsidiary thereof may be admitted temporarily into the United States to render his or her services to a branch of the same employer or a parent, affiliate or subsidiary thereof in a capacity that is managerial, executive or involves specialized knowledge.

Special rules apply for aliens being transferred to open a new office. A new office means an organization which has been doing business in the United States through a parent, branch, affiliate or subsidiary for less than one year.  Generally, these types of petitions are initially approved for only one year and additional evidence (evidence of office space, a business plan and more) must be submitted with the petition.

In addition, the company filing the petition must be doing business (engaging in international trade is not required) as an employer in the United States and in at least one other country directly or through a parent, branch, affiliate or subsidiary for the duration of the alien's stay in the United States as an intracompany transferee. Doing business means the regular, systematic and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.  Further, both the U.S. and foreign company must be active.

The alien may obtain an extension of stay in increments of up to two years.  The total period of stay may not exceed five years for aliens employed in a specialized knowledge capacity. The total period of stay for an alien employed in a managerial or executive capacity may not exceed seven years.

An alien who has spent five years in the United States in a specialized knowledge capacity or seven years in the United States in a managerial or executive capacity may not be readmitted to the United States as an intracompany transferee or in H-1status unless the alien has resided and been physically present outside the United States for the immediate prior year, except for brief visits for business or pleasure.

The following definitions apply for purposes of this nonimmigrant status:

Managerial capacity means an assignment within an organization in which the employee primarily (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 authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization) if another employee or other employees are directly supervised; if no other employee is directly supervised, functions at a senior level within the organizational hierarchy or with respect to the function managed; and (4) 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 (1) directs the management of the organization or a major component or function of the organization;
(2) establishes the 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, the board of directors or stockholders of the organization.

Specialized knowledge means special knowledge possessed by an individual of the petitioning organization's product, service, research, equipment, techniques, management or other interests and its application in international markets or an advanced level of knowledge or expertise in the organization's processes and procedures.

Parent means a firm, corporation or other legal entity which has subsidiaries.

Branch means an operating division or office of the same organization housed in a different location.

Subsidiary means a firm, corporation, or other legal entity of which a parent owns, directly or indirectly, more than half of the entity and controls the entity; or owns, directly or indirectly, half of the entity and controls the entity; or owns, directly or indirectly, 50 percent of a 50-50 joint venture and has equal control and veto power over the entity; or owns, directly or indirectly, less than half of the entity, but in fact controls the entity.

Affiliate means (1) one of two subsidiaries both of which are owned and controlled by the same parent or individual, or (2) one of two legal entities owned and controlled by the same group of individuals, each individual owning and controlling approximately the same share or proportion of each entity.