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Multinational Executives & Managers
For the EB-1 Multi National Manager category, the applicant must have been employed for at least one year within the last three years prior to the petition for the immigrant visa by the same employer, affiliate or subsidiary of the employer outside the United States in a managerial or executive capacity. The applicant must also be coming to the sponsoring employer in the United States as a manager or executive for the same employer, subsidiary or affiliate for which the applicant was previously employed.
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 functions
- Exercises wide latitude in discretionary decision-making; and
- Receives only general supervision or direction from higher level executives, board of directors or stockholders of the organization.
Managerial Capacity means an assignment within an organization in which the employee primarily:
- Manages the organization, 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, a department or subdivision of the organization
- If another employee or other employees are directly supervised, has the authority to hire and fire and recommend those as well as other personnel actions (such as promotion and leave authorization), or if no other employees directly supervise, functions at a senior level within the organizational hierarchy or with respect to the function managed
- Exercises direction over the day-to-day operations of the activity or function for which the employee has authority.
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