Individuals seeking to be admitted into the United States as an immigrant, a multinational executive must have been in a managerial or executive position for at least one out of the past three years. The previous job must have been with the employer for which the individual wishes to work for in the United States or at least an affiliate, a parent or a subsidiary.
Multinational executive and managers are excluded from the labor certification requirement.
To be considered an executive, the individual must:
- delegate the management of the organization or a major division or function of the organization;
- set the goals and policies of the respective organization, division or function;
- exercise extensive influence in discretionary decision-making; AND
- be supervised only from higher level executives, the board of directors, or stockholders of the organization.
To be considered a manager, an individual must:
- manage the organization or a smaller component of the organization;
- look over other employees in supervisory, professional, or managerial positions and their work;
- have the authority to hire and fire the employees under his or her supervision or encourage a job promotion or other personnel action, or even function at a senior level within the organization; AND
- direct day to day operations of the area over which he or she has authority.