Eb13 Green Cards for Certain
Multinational manager or executive
The EB13 Green Card is available for executives or managers of multinational corporations to live and work in the United States permanently.
The applicant must have been employed outside the United States for at least 1 year in the 3 years preceding the petition or the most recent lawful nonimmigrant admission if she/he is already working for the U.S. petitioning employer.
The U.S. petitioner must have been doing business for at least 1 year, have a qualifying relationship to the entity an applicant worked for outside the U.S., and intend to employ an applicant in a managerial or executive capacity. No labor certification is required.
The petitioner must establish all of the following:
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The US company and the foreign company maintain a qualifying relationship;
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The US company and the foreign company are both actively engaged in doing business;
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The US company has been actively engaged in doing business for at least one year.
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The US company is able to pay the beneficiary's salary.
A foreign employee working abroad can be transferred to a US Company as an EB13 immigrant when a qualifying relationship exists between the foreign company and the US Company. This means that the US employer must be an affiliate, parent, or subsidiary of the foreign company.
The US employer must have been doing business for at least one year. This means that a person would not qualify in the case of someone who is seeking to be employed in a new US office. Even if a US company has been existing in the US for more than a year, if it was not continuously engaging in the provision of goods or services for at least one year, then the company does not qualify file for the E13 immigrant petition.
The beneficiary must have a permanent US job offer in a position that is primarily managerial or executive. The beneficiary must have been employed abroad for at least one of the previous three years.
Managerial capacity
A person is considered to have a position of managerial capacity when he or she is primarily engaged in all of the following:
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Management of the organization, department, subdivision, function, or component of the organization;
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Supervision and control of the work of other supervisors, professionals, or managers;
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Has authority to hire and fire or recommend such action for directly supervised employees;
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Has discretion over daily operation of the duties or functions for which employees have authority.
Executive capacity
A person is considered to have a position of executive capacity when he or she is primarily engaged in all of the following:
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Direction of the management or a major component or function of the company;
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Establishment of goals and policies of the company;
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Has wide latitude in discretionary decision-making;
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Gets only general supervision from upper level executives such as the board of directors or stockholders.
The person will not be deemed to be an executive or manager simply because he or she has that job title. The attention is on the person's primary duties.
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