Executives and Managers of Multinational Companies... Step-by-Step

THE BASICS

• For permanent residence (green card) for executives and managers of multinational companies
• Must have worked for the “multinational” company or organization overseas for at least 1 year in past 3 years before coming to U.S.
• Managers include people who oversee professionals, other managers or a function
• Must be or have been an executive or manager overseas and have or be offered an executive or management position in the U.S.

This classification is similar to the temporary L-1A visa. See the L-1 visa section of this site for more information.

Unlike the L-1A visa, however, the multinational organization must also have been doing business in the United States for one year before the petition is filed. The regulations define “doing business” as selling goods or providing services regularly, systematically, and continuously.

THE STEPS

Following are the steps for obtaining permanent resident status (green card) for certain employees of multinational corporations.

Step 1

Lawler & Lawler will send a questionnaire for data and documents. We then analyze the employer’s structure to determine if it qualifies as a “multinational” corporation or organization.

Step 2

We gather documents to prove overseas and U.S. companies/organization are parent/subsidiary or affiliated.

Step 3

We work with the employer and foreign national to prepare an I-140 petition and supporting company letter.

Step 4

Petition is filed with USCIS. A Labor Certification (see this web site) is not needed. Step 6 may be filed simultaneously with this step if visa numbers are current.

Step 5

Petition is decided by USCIS.

Step 6

If applicant is in the U.S., file adjustment of status application, form I-485, and supporting documents, assuming a visa number is available.

Step 6 (Alternative)

If applicant is overseas, apply for immigrant visa at Consul. Some people in U.S. may choose this option as it may be faster than adjustment of status.

Step 7

Adjustment of status or immigrant visa is decided and if approved, a green card is issued for the applicant and dependents.