The U.S. employer must petition on behalf of the foreign national, providing evidence that the foreign national will be employed in an executive or managerial capacity.

Executive capacity means the employee:

Directs the management of the organization or a major component thereof;

Establishes the goals and policies of the organization or component;

Exercises wide latitude in discretionary decision-making; and

Receives only general supervision from higher level executives.

Managerial capacity means the employee:

Manages the organization, or a department, subdivision, or component thereof;

Supervises and controls the work of other professional or managerial employees, or manages an essential function within the organization;

Has the authority to hire and fire or recommend other personnel actions; and,

Directs the day-to-day operations of the area for which the employee has authority.

Required Evidence: A petition for a multinational executive or manager must be accompanied by a statement from the U.S. employer setting forth the job offer, stating the duties to be performed by the alien, and indicating that the alien is to be employed in a managerial or executive capacity. Further, the employer must establish that:

If the alien is outside the United States, in the three years immediately preceding the filing of the petition the alien has been employed outside the United States for at least one year in a managerial or executive capacity by a firm or corporation, or by an affiliate or subsidiary of such a firm or corporation; or

If the alien is already in the United States working for the same employer by which the alien was employed overseas in the three years preceding entry as a nonimmigrant, the alien was employed by the entity abroad for at least one year in a managerial or executive capacity;

The prospective employer in the United States is the same employer or a subsidiary or affiliate of the firm or corporation which employed the alien overseas; and

The prospective United States employer has been doing business for at least one year.

Multinational Executive/Manager Questionnaire   [ Download Now (52 KB) ]

Please return this completed form and the required documentation to our office as soon as possible. We cannot initiate the L-1 petition process until we have this information.