Multinational Executives and Managers (Priority Workers: EB-1)
Some executives and managers of foreign companies who are transferred to the U.S. may qualify for permanent residence, particularly if they have been on an L-1A visa. A multinational manager or executive is eligible for priority worker status if he or she has been employed outside the U.S. in the three years preceding the petition (or preceding admission as a nonimmigrant) for at least one year by a firm or corporation and seeks to enter the U.S to continue service to that firm or organization. The employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.
The petitioner must be a U.S. employer, doing business for at least one year, that is an affiliate, a subsidiary, or the same employer as the firm, corporation, or other legal entity that employed the foreign national abroad.
A USCIS Form I-140 (Petition for Alien Worker) is required for all EB-1 applications. The petition packet must include the required documentary evidence and should follow the specific filing guidelines required by USCIS. No labor certification is needed for EB-1 petitions.
While a worker of extraordinary ability may petition for himself or herself, the employer must file the I-140 petition for an outstanding professor or researcher and a multinational executive or manager.