Multinational Executives and Managers fall into the employment-based first preference category. Labor Certification (PERM) is not required; the employer may file an Immigrant Petition (Form I-140) directly with the U.S. Citizenship & Immigration Service (USCIS). Upon approval of the immigrant petition, an “Adjustment of Status” application may be filed if the applicant is physically present in the U.S. and has remained in valid legal status since his or her entry. If an individual is not seeking adjustment of status, the process is completed at a U.S. Consulate (“Visa Processing.”)
Foreign applicants who believe that they qualify for the Multinational Executives and Managers category should read our article on the L-1 visa, a nonimmigrant visa for multinational executives, managers, and persons with “specialized knowledge.” L-1A visa status, which is specifically for multinational managers or executives, can easily be converted to permanent residence status by the filing of an I-140 petition with the USCIS. Multinational Executives and Managers have the option of entering the U.S. directly on an immigrant visa (in lieu of the nonimmigrant L-1 visa) if the U.S. branch, subsidiary, or affiliate of the foreign employer has been “doing business” in the U.S. for at least one year.
Please contact our law firm if you believe that you are eligible for this category and if you have the support of your employer.
[Note: Please consult with an attorney specializing in Immigration & Nationality law for professional advice in specific situations.]