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There are several kinds of green cards issued based on employment offers or other work related situations. Employment-based green card cases are listed in the Federal Regulations at 8 CFR Section 204.5. In this article, I will provide a general overview of the rules and definitions related to the “multinational manager”.

The multi-national manager’s case.  The criteria for this green card category is similar to the L-1A visa for managers and executive who are transferred from overseas companies to their subsidiary and affiliate companies in the United States.  However, in the green card procedure, the manager ends up with a green card.

Qualifications include:

There must be an offer of employment from the US employer and multinational company in the United States. Multinational means that the company, its affiliate or subsidiary, conducts business in at least 2 or more countries, one of which is the United States.

No test of the US labor market is required.

The employee must have been employed for at least 1 year out of the past 3 years in a managerial or executive position by the overseas company, affiliate or subsidiary.

If the employee is presently in the US working for the US company on a nonimmigrant visa, then the employee must have been employed in a managerial or executive position by the overseas company for at least 1 year out of the 3 years immediately preceding the employee’s entry to the US on their nonimmigrant visa.

Definitions:

Executive capacity: means an assignment within a company in which the employee primarily directs the management of the company or a major component of function of the company; establishes goals and policies of the company; exercises a wide latitude of decision-making authority, and receives only general supervision or direction from higher level executives, board of directors or stockholders.

Managerial capacity: means an assignment within a company in which the employee primarily manages the organization, or a department, subdivision, function or component of the company; supervises and controls the work of other supervisory, professional, or managerial employees; exercises direction over day-to-day operations of the company, department or function; has authority to hire and fire or recommend those and other personnel actions (promotion, vacation); if no other employee is directly supervised, then functions at a senior level within the company hierarchy or with respect to the function managed.
Subsidiary: means a corporation of which the parent company owns and controls more than half the stock of the subsidiary company; or 50 percent of a 50-50 joint venture.

Affiliate: means one of 2 legal entities owned and controlled by the same parent or individual; or one of 2 companies owned and controlled by the same group of individuals.

Procedures:

The Form I-140 Petition for Immigrant Worker is filed along with a statement from the sponsoring U.S. employer/company stating:

1)  the qualifying ownership of the U.S. company.
2)  the qualifying overseas managerial employment of the employee.
3)  the managerial/executive responsibilities to be performed must be clearly described.

Examples of documents should include:

-Ownership documents:  Certificate of Incorporation, stock certificates, etc.
-Evidence of overseas employment: statement from overseas company, payroll records, etc.
-Business documents showing that the US employer has been doing business for at least one year: tax returns, bank statements, etc.
-Lease or deed for US company.
-Organizational charts.