EB-1c: Multinational Executives and Managers

An employer in the United States may file a petition to classify a foreign national as a multinational executive or manager if the petition may establish that

1) there is a qualified corporate relationship between the US. Employer and foreign company abroad;

2) if the foreign national is outside of the U.S., the foreign national has been employed by the foreign company abroad at least one year in the three years immediately preceding the filing of the petition; if the foreign national is already in the U.S., he or she must have been employed with foreign company abroad for at least one year in the three years preceding entry into the U.S. as a nonimmigrant;

3) the foreign national’s position at a foreign company abroad must be in a managerial or executive capacity;

4) the foreign national’s current or future position at petitioning employer must also be in a managerial or executive capacity; and

5) the petitioning employer must have been doing business for at least one year.

Although labor certification is not required, an EB-1c petition must be filed by an employer.

One of the critical issues for EB-1c petitions is to establish that the job position previously held by the foreign nationals overseas and the job position at the petitioning employer is both in managerial or executive capacity.  It is the petitioning employer’s burden to prove that such job positions are qualified under the law.

Attorney at Law Offices of Yongbing Zhang is experienced and knowledgeable in helping U.S. employers to file and secure approvals to EB-1c petitions for multinational executives and managers.  Potential clients are encouraged to contact us for a free evaluation.  If you want us to evaluate your case, please click here.