- If the foreign national has been employed outside the United States, he/she must have been employed in a managerial or executive capacity for your company or an affiliate, parent, subsidiary, or branch for at least 1 year in the 3 years prior to filing the immigrant visa petition; OR
- If the foreign national is already working in the United States, he/she was employed in a managerial or executive capacity for your company or an affiliate, parent, subsidiary, or branch for at least 1 year in the 3 years prior to being transferred to the United States; AND
- Your company must have been doing business for at least 1 year in the United States as a legal entity with a qualifying relationship to the entity that employed the foreign national abroad; and
- The foreign national will be employed in a managerial or executive capacity in the United States.
It is important to stress that typically a first-line supervisor is not considered to be working in a “managerial
capacity” for EB-1C purposes. To qualify as a “manager”, your company needs to document that the foreign national:
- Manages the company or a department, subdivision, component, unit, and/or function within the company;
- Supervises and controls the work of other supervisory, professional, and/or managerial staff, or manages an essential function within the company;
- Has the authority to recruit, hire, discipline, promote, terminate, and make other personnel decisions or, if no employees are directly supervised, functions at a senior level; and
- Exercises discretion over the day-to-day operations of the activity or function for over which he/she has authority.
To qualify as an “executive”, your company needs to document that the foreign national:
- Directs the management of your company or major component of your company;
- Establishes your company’s or the major component’s goals and policies;
- Exercises wide discretion in decision-making; and
- Receives only general supervision or direction from your company’s higher executives, board of directors, or shareholders.