Topics in Immigration
There are several ways nonimmigrants can achieve permanent U.S. residence, one of which is through business immigration for multinational managers and executives. In this article, we look at the qualifications for multinational managers and executives seeking permanent residence through business immigration.
Permanent Residence for Multinational Managers and Executives
To qualify for multinational manager and executive status, a worker must be employed by the petitioner (his or her employer, or one of its subsidiaries or affiliates) for a total of at least one year out of the past three. If the worker resides in the U.S. at the time of the petition, this requirement is assessed by looking at the three years leading up to his or her entry into the U.S. as a nonimmigrant. Below, we look at the specific immigration requirements for multinational managers and executives.
1. Requirements to Qualify as an Executive
To qualify as an executive, the applicant must exhibit the following job characteristics a majority of the time:
– Oversight of an organization’s management, or the management of one of its major components.
– Permission to establish organizational policies and goals.
– Permission to make broad company decisions.
– General supervision by a higher executive, stockholders, or a board of directors.
Whereas some professionals have executive titles but few executive duties, the applicant for permanent residence through employment as an executive must spend most of his or her work time performing executive duties.
2. Requirements to Qualify as a Manager
To qualify as a manager, the person must exhibit the following job characteristics a majority of the time:
– Management of an organization or one of its components, departments, divisions, or essential functions.
– Supervision of managers or professional personnel, or management of an essential function, department, or division.
– Permission to make personnel decisions, or if personnel are not involved, functions at a senior level management capacity.
– Permission to make decisions regarding organizational operations.
If they do not supervise professional level employees, first level supervisors do not qualify for residence through employment as a manager. As with qualifying as an executive, a professional manager must spend a majority of his or her work time performing duties commensurate with his or her title.
Perspective of USCIS on Multinational Manager and Executive Immigrants
Some nonimmigrants hold the impression that immigrating to the U.S. is a difficult, prohibitive process; that nonimmigrants have an uphill battle when dealing with the USCIS (United States Citizenship and Immigration Services). In many cases, this perception is based on the controversy that swirls around illegal immigrants entering the U.S. and competing for U.S. jobs. Such controversy does not, however, surround the legal immigration process. In fact, nonimmigrants that pursue permanent residence through employment contribute to the U.S. economy, not detract from it.
As with other types of immigration, immigration as a multinational manager or executive requires the assistance of an immigration attorney, who handles the paper work and any legal dialogues that occur during the immigration process.