|
The
Eligibility Criteria for EB1-C Multinational Executive or Manager
Petition |
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The
Eligibility Criteria for EB1-C Multinational Executive or Manager
Petition |
| Hi
William, I have a L1A visa in U.S. for a half year, what eligibility criteria should be identified in the case of EB1-C Multinational Executive or Manager petitions in Form I-140? and who qualifies as a manager for the purpose of EB1-C petition? Answer, The Form I-140 petition for EB1-C multinational executive or manger should provide evidence and a cover letter that describes the name of the foreign employer, the position offered in the U.S., the position held abroad and the years of employment as well as the date the beneficiary transferred to the U.S. State the claimed relationship between the foreign employer and the U.S. petitioner, i.e. affiliates, subsidiary, joint venture etc. The EB1-C multinational executive or manger petition should also provide evidence that the U.S. employer has been doing business for at least one year prior to the filing of the petition. In order to be qualified as a manager, the applicant must satisfy several requirements. Usually, first-line supervisors are excluded from the statutory definition of a manager unless the employees supervised are professionals. Staffing levels are to be considered in relation to the reasonable needs of the business and its stage of development. The statutory definition of a manager provides that, a manager must: 1) Manage a corporation,
department, subdivision, or function;
2) Supervise and control the work of other supervisory, professional, or managerial employees, or else manage essential functions; 3) Have the authority to make personal decisions as to hiring and termination, or else function at a senior level; or 4) Exercise discretion over the day to day operations of the activity or function for which he or she has authority. |
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