Executives and Managers

The visa options for multinational executives and managers are the L-1A visa and the E-1/E-2 treaty trader/investor visa. These visas are designed for individuals who have been working in a managerial or executive capacity for a foreign company, and who are being transferred to the United States to work in a similar capacity for a related U.S. company.

One of the main benefits of these visas is that they are exempt from the PERM labor certification requirement, which means that the employer does not need to demonstrate that there are no qualified U.S. workers available for the position. This can significantly expedite the process of obtaining a green card.

To be eligible for an L-1A visa, the individual must have been working for the foreign company for at least one year in the three years preceding the transfer to the United States. The U.S. company must also be related to the foreign company through common ownership or control, and the individual must be transferring to the United States to work in a managerial or executive capacity.

To be eligible for an E-1/E-2 treaty trader/investor visa, the individual must be a national of a country that has a treaty of commerce and navigation with the United States, and the company must be engaged in substantial trade or investment with the United States. The individual must also be coming to the United States to work in a supervisory or executive capacity, or to develop and direct the operations of the company.

It is important to note that both the L-1A and E-1/E-2 visas are temporary, nonimmigrant visas, and do not lead directly to a green card. However, individuals holding these visas may be able to apply for a green card through the EB-1C multinational executive or manager category, which is based on the same criteria as the L-1A and E-1/E-2 visas.

To be eligible for the EB-1C category, the individual must have been working for the foreign company for at least one year in the three years preceding the application, and the U.S. company must be related to the foreign company through common ownership or control. The individual must also be coming to the United States to work in a managerial or executive capacity, and must have the ability to demonstrate that they have the necessary qualifications and experience to be successful in this role.

Overall, the visa options for multinational executives and managers provide a useful pathway for individuals seeking to work in the United States in a managerial or executive capacity, and can provide a direct route to a green card through the EB-1C category.