Multi-National Executive or Manager Category
A preferred method to obtain permanent residency (the “green card”) in the USA is through the use of the Multi-National Executive or Manager category. This category is a subset of the First Preference Priority Worker category, one of the fastest moving categories in immigration.
To qualify in this category, the employer must have a parent, subsidiary, or affiliate relationship between a US business and a foreign business. The individual must be employed in an executive and/or managerial capacity for at least one (1) continuous year within the three (3) years preceding entry into the USA and he/she must be coming to the USA to perform in an executive and/or managerial capacity.
The Foreign Affairs Manual defines Executive and Managerial capacities as follows:
41.54 N8.1-2 “Executive Capacity”
“Executive capacity” means 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.
41.54 N8.1-1 “Managerial Capacity”
“Managerial capacity” means an assignment within an organization in which the employee primarily:
- Manages the organization, or a department, subdivision, function, or component of the organization;
- 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;
- 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
- 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.
