Multinational executives and managers have exemption from the labor
certification requirement.
These are executives and managers who are "starting-up" business operations
in the U.S. for foreign corporations as well those being transferred to the U.S.
by large international corporations based in the U.S. or abroad.
To be admitted as an immigrant, a multinational executive or manager must
have been employed in a managerial or executive or executive capacity for at
least one out of the past three years. The past employment must be with the same
employer, an affiliate, a parent or a subsidiary. The petitioning employer must
have been doing business in the U.S. for at least one year.
|
|
|
To qualify as a manager, the worker must:
- Manage the organization, or a department, subdivision, function, or
component of the organization;
- Supervise and control the work of other supervisory, professional, or
managerial employees, or manages an essential function within the
organization, or a department or subdivision of the organization;
- Have the authority to hire and fire supervised employees, or recommend
them for promotion or other personnel action, or (if there are no immediate
supervisees) function at a senior level within the organizational hierarchy;
and
- Exercise direction over the day to day operations of the activity or
function over which the worker has authority.
|
