Multinational Managers & Executives

To qualify under the Multinational Manager and Executive priority worker category, the worker must have worked for the petitioner (or a subsidiary or affiliate of the petitioner) outside the U.S. for at least one year of the previous three. If the worker is already in the U.S., the required one year of employment in the past three will be determined by looking at the three years prior to the workers entry into the U.S. in nonimmigrant status. This does not need to have been completed in one stretch, but can be aggregated. This work outside the U.S. must have been in an executive or managerial capacity, and the worker must be coming to the U.S. to fill an executive or managerial job. The U.S. business must have been established for at least one year before filing the petition.

For a person to be considered an executive, the executive must primarily:

• Direct the management of the organization or major component;
• Have authority to establish polices and goals for the organization;
• Possess wide discretionary decision-making authority; and
• Be subject to only general supervision from higher executive, the board of directors, or stockholders.

For a person to be considered a manager, the manager must primarily:

• Manage the organization or a component, department, division or function of the organization;
• Supervise and control other managers or professional level personnel or manage an essential function within the organization or a department, or division of the organization;
• Possess authority to make personnel decisions including the hiring and firing of other personnel if employees are supervised and if no other employee is directly supervised, functions at a senior level within the organization hierarchy with respect to the function managed; and
• Have discretion to make decisions about operations.

First line supervisors do not necessarily count as managers even if they are directly managing the work of other employees. To qualify, the manager must be supervising other professionals.