EB-1C: Multinational Executive or Manager — Policy Manual Deep Dive

A. Eligibility Overview

A petitioning US employer files Form I-140 on behalf of an executive or manager. The petitioner must demonstrate:

• A permanent job offer in a primarily managerial or executive position with a qualifying US employer;
• The beneficiary was employed abroad by a qualifying organization for at least 1 year out of the previous 3 years (this does not need to be continuous — contrast with L-1A which requires continuous employment); and
• The petitioning US employer has been actively doing business for at least 1 year at the time of filing.

B. Petitioner Requirements

Qualifying Relationship

A qualifying relationship exists when the US employer is an affiliate, parent, or subsidiary of the foreign organization. The officer examines ownership and control. Either the foreign or US entity must own and control the other, or both must be subsidiaries owned and controlled by the same parent entity or person.

In the context of EB-1C, ownership means the direct or indirect legal right of possession with full power and authority to control. Control means the direct or indirect legal right and authority to direct the establishment, management, and operations of an entity.

Subsidiary Definitions

A subsidiary is a firm, corporation, or other legal entity of which a parent owns, directly or indirectly: more than half and controls; half and controls; 50% of a 50-50 joint venture with equal control and veto power; or less than half but in fact controls.

Three Types of Affiliates

1. One of two subsidiaries, both owned and controlled by the same parent;
2. One of two legal entities owned and controlled by the same group of people, each owning approximately the same proportion of each entity; and
3. A partnership organized outside the US to provide accounting and managerial/consulting services marketed under an internationally recognized name as part of an agreement with a worldwide coordinating organization.

Limits: Branch Offices Cannot Petition

A domestic office of a foreign employer operated as a branch — not as a separate domestic legal entity — may not offer permanent employment for EB-1C purposes. The petitioner must be a US citizen or US corporation, partnership, or other legal entity. A US corporation with a branch abroad may file; a foreign corporation operating a US division that is not a separate domestic legal entity may not.

Sole Proprietorship Cannot Self-Petition

A sole proprietorship may not file a petition on behalf of the alien owner — this is an impermissible self-petition. However, a self-incorporated petitioner (a corporation separate from its individual owners) may petition for that owner or employee.

Doing Business Requirement

"Doing business" means the regular, systematic, and continuous provision of goods or services. It does not include the mere presence of an agent or office. Both the US employer and at least one qualifying organization abroad must continue doing business until visa issuance or adjustment of status. If the foreign employer's operations cease entirely before the beneficiary obtains LPR status, eligibility is lost. The US employer must have been actively doing business for at least one year at the time of filing.

C. Beneficiary Requirements — Managerial and Executive Capacity

Managerial Capacity (Personnel Manager)

Managerial capacity — as a personnel manager — means an assignment in which the beneficiary primarily: manages the organization, department, subdivision, function, or component; supervises and controls work of other supervisory, professional, or managerial employees; has authority to hire and fire or recommend personnel actions for directly supervised employees; and exercises discretion over day-to-day operations.

A first-line supervisor is not acting in a managerial capacity merely by virtue of supervisory duties unless the employees supervised are professional. The number of supervised employees alone is insufficient — officers look at the beneficiary's role and function within the organization.

Function Manager

A function manager does not supervise subordinate staff but is primarily responsible for managing an essential function within the organization. To qualify as a function manager, the petitioner must show: (1) the function is a clearly defined activity; (2) the function is essential — core to the organization; (3) the beneficiary will primarily manage, as opposed to perform, the function; (4) the beneficiary acts at a senior level; and (5) the beneficiary exercises discretion over the function's day-to-day operations.

The petitioner must clearly demonstrate that the essential function being managed is not also being directly performed by the beneficiary. Evidence includes organizational charts, workflow charts, and detailed job duty descriptions showing what proportion of time is dedicated to managing versus performing tasks.

Executive Capacity

Executive capacity means an assignment in which the employee primarily: directs the management of the organization or a major component; establishes goals and policies; exercises wide latitude in discretionary decision-making; and receives only general supervision from higher-level executives, the board, or stockholders.

USCIS does not consider a beneficiary an executive simply because of an executive title or because some portion of their time is spent directing the enterprise as the owner or sole employee. There must be sufficient staff to perform day-to-day operations, enabling the beneficiary to be primarily employed in the executive function.

Evaluating Managerial or Executive Status

Officers first review the petitioner's description of job duties — specifics are an important indicator. Merely paraphrasing the statute does not satisfy the burden. If the beneficiary performs non-managerial duties, the petition must identify the proportion of duties that are managerial and non-managerial. Officers review the totality of evidence including duty descriptions, subordinate employee descriptions, the nature and structure of the business, and remuneration of other employees. Artificial tiers of subordinate employees and inflated job titles do not support approval.

A single-person office is not automatically disqualified — but it will be very difficult to show that the sole employee primarily performs executive or managerial functions without performing most of the day-to-day work of the business.

D. Petitions Filed on Behalf of Prior L-1A Nonimmigrants

A prior L-1A approval is relevant but not binding in the EB-1C adjudication. Each petition is separate and independent and must be adjudicated on its own merits. Where a denial contradicts a prior L-1A approval, officers should provide a brief explanation for why the prior approval does not establish eligibility under the immigrant standard.

Importantly, there is no "specialized knowledge" immigrant visa category equivalent to L-1B — an L-1B worker cannot be petitioned for EB-1C based on specialized knowledge capacity alone. However, some L-1B workers may qualify for EB-1C if their employment abroad also qualified as managerial or executive and the US role will be managerial or executive.