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Multinational Executives/Managers

Executives and Managers of multinational corporations, meeting certain qualifying critera, may be able to bypass the labor certification/PERM process and obtain a permenent residence (green card) through the First Preference Employment-Based Category (EB-1).

For classification as an "executive"an individual must meet four criteria set forth by USCIS:

  1. alien must have position within the company where he/she directs the management of the organization or a component or function;
  2. alien establishes the goals and policies of the organization, component or function;
  3. alien exercises wide latitude in discretionary decision making and
  4. the alien must receive only general supervision from higher level executives, the Board of Directors or stockholders
For classification as a "manager" an individual must meet four criteria set forth by USCIS:
  1. the alien manages the organization, or a department, subdivision, function or component of the organization;
  2. supervises and control the work of other supervisory, professional or managerial employees or manage an essential function within the organization, or a department or a subdivision of the organization;
  3. has authority to hire and fire or recommend those as well as other personnel actions, or is no personnel are supervised, function at a senior level in the organizational hierarchy 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.

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