Multi-National Managers & Executives

Managers or executives of a foreign company who transfer to a subsidiary, parent, branch, or affiliate in the U.S. to continue serving in a managerial or executive capacity may qualify for permanent residence without needing a labor certification. In most cases, these individuals have already entered the U.S. in L-1A status. Successful petitions must demonstrate:

1. a qualifying relationship between the U.S. and foreign employers;
2. one year of managerial or executive employment with the foreign entity within the three years prior to transferring to the U.S.;
3. a true managerial or executive capacity based on job duties and a sufficient workforce; and
4. the ability to pay the offered salary based on the income and assets of the U.S. employer.

Eligible Companies

The first step is to establish a qualifying relationship between the foreign and U.S. entities. The actual form of the entities is not a determining factor, so long as both the foreign and U.S. entities:

• are related as parent, branch, affiliate, or subsidiary; and
• will be conducting business in the U.S. and the foreign country for as long as the individual remains in transferee status

Ownership, as shown through fund transfers and stock purchases, is critical for establishing the qualifying relationship. If the U.S. entity is a new office, the employer must prove it has secured sufficient physical premises and that the new business will be operational within one year at such a level that will support an executive or managerial position. Mr. Mantle works with investors and employers to fully document the investment and business plan at this early stage in the process. Companies that grow to three or more U.S. branches may qualify for a Blanket L Approval if certain conditions are met, thereby allowing individual applicants to apply directly at the consulate abroad instead of waiting for individual petition approvals from USCIS.

Transferees

The petitioning employer must demonstrate that the transferee qualifies as a manager or executive, based on narrow definitions set forth in USCIS regulations. In essence, the transferee must have been employed abroad continuously for at least one year within the last three years by the qualified foreign entity in a managerial or executive capacity and will work for the qualified U.S. entity in a managerial or executive capacity.

Mr. Mantle provides clear counseling to employers and foreign nationals on immigrant petitions for multinational managers and executives.

Help with Immigration for Multinational Managers

D.Ray Mantle assists individuals and employers in obtaining positive immigration results in a timely, personal and professional manner. Your individual circumstances are carefully reviewed by an experienced immigration attorney to determine which options are available to you. Mr. Mantle provides guidance and help in gathering the necessary information and documents for your case, prepares all of the necessary application forms, and also ensures that your final application meets all government requirements. Learn more about how an experienced immigration attorney can help you reach your immigration goals: Why MantleWorks.

If you would like to understand more about the application process and to find out if you qualify as a multinational manager or executive, please contact D.Ray Mantle for a consultation.