EB1: Multinational Executive or Manager

Employer required but PERM/Labor not required

This immigrant visa category is designed to facilitate international transfer of executive or managerial personnel within multinational companies.

The personnel transfers can be between different branches of the same company, or between different companies with one of the following types of relationship: (1) parent-subsidiary; (2) home office-branch office; and (3) affiliate-affiliate.

In this category, the employee must have worked in either a managerial or executive capacity, for the related company abroad, for at least a one-year period in the three years preceding the transfer.

The employee should be coming to the United States company to function in an executive or managerial capacity. The employee may already be in the United States in a nonimmigrant visa status such as the L1A visa or one of the E visa classifications.

The U.S. company must show that it is either the parent, subsidiary, affiliate, or branch office of the company abroad and the qualifying multinational relationship between the U.S. and overseas operations must be documented and proved. The U.S. employer must also have been doing business in the United States for at least one year.

The Murthy Law Firm has successfully helped such personnel obtain the immigrant visa (green card) through this classification.

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