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EB-1C Multinational Manager / Executive Green Card Overview

The EB-1C green card is available to foreign nationals who are coming to the US to work permanently as a Manager or Executive of a multinational corporation. To qualify, the applicant must be able to show at least one year of experience as a Manager or Executive with a foreign company prior to the applicant’s intracompany transfer to the US. Additionally, the foreign employer and US company must be affiliated (see qualifying corporate relationship below).

Qualifying Corporate Relationship

A qualifying corporate relationship exists where the foreign employer and US company are affiliated as follows: parent / subsidiary companies, sister companies (common owners), or a branch office.

Managerial Employee

Working in a “Managerial capacity” means an assignment within an organization in which the employee primarily:

1. Manages the organization, or a department, subdivision, function, or component of the organization;
2. Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization;
3. Has the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization) if another employee or other employees are directly supervised. If no other employee is directly supervised, functions at a senior level within the organizational hierarchy or 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. A first-line supervisor is not considered to be acting in a managerial capacity merely by virtue of his or her supervisory duties unless the employees supervised are professional.

Executive Employee

Working in an “Executive capacity” means an assignment within an organization in which the employee primarily:

1. Directs the management of the organization or a major component or function of the organization;
2. Establishes the goals and policies of the organization, component, or function;
3. Exercises wide latitude in discretionary decision-making; and
4. Receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization.