Multi-National Managers and Executives
Managers or executives of a foreign company who transfer to a subsidiary,
parent, branch, or affiliate in the U.S. to continue serving in a managerial or
executive capacity may qualify for permanent residence without needing a labor
certification. In most cases, these individuals have already entered the U.S. in
L-1A status. Successful petitions must demonstrate:
- a qualifying relationship between the U.S. and foreign employers;
- one year of managerial or executive employment with the foreign entity within
the three years prior to transferring to the U.S.;
- a true managerial or executive capacity based on job duties and a sufficient
workforce; and
- the ability to pay the offered salary based on the income and assets of the U.S.
employer.
Eligible Companies
The first step is to establish a qualifying relationship between the foreign and
U.S. entities. The actual form of the entities is not a determining factor, so
long as both the foreign and U.S. entities:
- are related as parent, branch, affiliate, or subsidiary; and
- will be conducting business in the U.S. and the foreign country for as long as
the individual remains in transferee status
Ownership, as shown through fund transfers and stock purchases, is critical for
establishing the qualifying relationship. If the U.S. entity is a new office,
the employer must prove it has secured sufficient physical premises and that the
new business will be operational within one year at such a level that will
support an executive or managerial position. Mr. Mantle works with investors and
employers to fully document the investment and business plan at this early stage
in the process.
Companies that grow to three or more U.S. branches may qualify
for a Blanket L Approval if certain conditions are met, thereby allowing
individual applicants to apply directly at the consulate abroad instead of
waiting for individual petition approvals from USCIS.
Transferees
The petitioning employer must demonstrate that the transferee qualifies as a
manager or executive, based on narrow definitions set forth in USCIS
regulations. In essence, the transferee must have been employed abroad
continuously for at least one year within the last three years by the qualified
foreign entity in a managerial or executive capacity and will work for the
qualified U.S. entity in a managerial or executive capacity.
Managerial Capacity
The employee must
primarily:
- manage the organization, department, subdivision, function, or component of the
organization;
- supervise and control the work of other supervisory, professional, or managerial
employees, or manages an essential function within the organization;
- have authority over personnel actions for supervised employees, or functions at
a senior level within the organizational hierarchy with respect to the managed
function; and
- exercise discretion over the day-to-day operations fo the activity or function
being managed.
Executive Capacity
The employee must
primarily:
- direct the management of the organization or a major component or function of
the organization;
- establish goals and polices of the organization, component, or function;
- exercise wide latitude in discretionary decision-making; and
- receive only general supervision or direction from higher-level executives or
directors.
Mr. Mantle provides clear counseling to employers and foreign nationals on immigrant petitions for multinational managers and executives.
Help with Immigration for Multinational Managers
D.Ray Mantle assists employers, executives and managers in obtaining positive immigration results in a timely, personal, and professional manner. Your individual circumstances are carefully reviewed by an experienced immigration attorney to determine which options are available to you. Mr. Mantle provides guidance and help in gathering the necessary information and documents for your case, prepares all of the necessary application forms, and ensures that your final applications meet all government requirements.
If you would like to understand more about the application process and to find out if you qualify as a multinational manager or executive, please contact D.Ray Mantle for a consultation.