Multinational Executives and Managers 

• Alien must be employed for 1 year (in last 3 years) by "firm or corporation or other legal entity or an affiliate or subsidiary thereof."
  1. An affiliate includes entities owned and controlled by the same group of individuals, in approximately the same share or proportion of each entity.
  2. Subsidiary can be a joint venture if there is equal control and veto power; or can be less than 1/2 ownership if there is inverse control in fact
  3. The "one of three year requirement" may be met even if the alien is in the U.S. for more than 3 years if s/he is working for same employer, affiliate, or subsidiary in U.S. and was employed for at least 1 of last 3 years by company abroad before entering in valid nonimmigrant status.


• The alien is seeking to enter the U.S. in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.
• Definition of managerial and executive capacity:
• Managerial capacity means an assignment with the organization in which the employee personally:


1. manages the organization, department, subdivision, function or component;
2. supervises and controls the work of other supervisory, professional or managerial employees, or manages an essential function within the organization or department or subdivision of the organization;
3. has authority to hire and fire or recommend personnel actions (if another directly supervises employees), or if no direct supervision, functions at a senior level; and
4. exercises discretion over day-to-day operations of the activity or function. First line supervisors are not considered managers unless the employees they supervised are professional.


• Executive capacity means an assignment in an organization in which the employee primarily:


1. directs the management of the organization or a component or function;
2. establishes goals and policies;
3. exercises wide latitude in discretionary decision making; and
4. receives only general supervision or direction from higher level executives, board of directors or stockholders.


• No labor certification is needed.