Basic Use and Requirements

EB-1 priority workers, the first preference category for employment based permanent resident status, include aliens of extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers. A qualifying U.S. employer may file an I-140 immigrant visa petition on behalf of a multinational executive or manager who has worked in an executive or managerial capacity for an overseas affiliate of the U.S. employer for at least one year during the three years before he or she applied for entry to the United States. The foreign national (transferee) must have a qualifying offer of employment, but no labor certification is required.

Eligibility Criteria

Qualifying U.S. and Overseas Employment:

  • The foreign company must be an affiliate, subsidiary, parent or branch of a U.S. corporation.
  • The foreign company must be doing business in the United States and at least one other country throughout the entire period in which the transferee is working in the United States.
  • The foreign company must have employed the foreign national in a managerial or executive capacity for at least one year within the three years prior to the transferee's entry into the United States.
  • The employee must continue to render managerial or executive services to the U.S. employer after entry.
  • The U.S. employer must provide an offer of employment as an executive or manager.

"Executive capacity" is defined as an assignment within an organization in which the employee primarily:

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

"Managerial capacity" is defined as an assignment within an organization in which the employee primarily:

  • Manages a department, component or function of an organization;
  • Supervises and controls other supervisory, managerial or professional personnel or manages an essential function of the organization;
  • Has authority to make or recommend personnel decisions (hire/fire) or functions at a senior level in relation to the function they manage; and
  • Exercises discretion over day-to-day operations of a function or activity within the organization.

Advantages

  • No labor certification is required.
  • Simpler process than other EB-1 categories.

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