EB-13 Multinational Executives or Managers

Multinational Executives and Managers is another first preference employment based classification. As is the case with other EB-1 classifications, no PERM / Labor Certification is required and priority dates are almost always current. Thus an application for adjustment of status (green card) could be filed simultaneously with the I-140 Petition.

The Petition must prove three requirements:

• The applicant has worked for the employer for at least 1 year in the preceding 3 years at the time of the filing
• The person must continue to work for the same employer, or affiliate, or subsidiary
• The applicant must have been working for the employer in a managerial or executive capacity before entering the U.S. and continuous to work in the same capacity once in the U.S.

To fall under the “managerial capacity” definition of the requirement, the applicant must have the following duties:

• Manages the organization or a component of the organization
• Supervises and controls the work of others
• If supervising employees directly, has the authority to hire and fire employees or have other authorities, or if not supervising employees directly, functions at a senior level within the organization; and
• Exercises discretion over the day-to-day operations. A first-line supervisor is not in managerial capacity by merely doing a supervisor’s supervisory duties, unless the employees being supervised are all professionals

 To fall under the “executive capacity” definition of the requirement, the applicant must have the following duties:

• Directs the management of the company or a component or function within the company
• Establishes goals and policies for the company as a whole or a large division or component;
• Exercises wide latitude in discretionary decision making, including in such areas as budgetary matters or client relations
• Receives only general direction from higher level executives, stockholders and board of directors