INTERNATIONAL EXECUTIVES & MANAGERS
The employer must conduct business in two or more countries, one of
which must be the United States, either directly or through affiliates or
subsidiaries. Here the alien must have been employed in a managerial or executive
capacity for at least one continuous year in the preceding three years by
the overseas affiliate, parent subsidiary, or the branch of the U.S.
employer and continue to work in the United States in the capacity of
a manager or executive.
Managerial capacity
requires
(1)management of an organization, department, component or
function;
(2) supervision and control of other supervisory, managerial, or
professional personnel or management and essential function;
(3) authority to make personnel decisions or functioning at a
senior level if a function is managed; and
(4) exercise of discretion over the operations or a function.
Executive capacity requires:
(1)management of an organization or major component or
function;
(2) authority to establish goals and policies;
(3) wide latitude in discretionary decision making; and
(4) only general supervision from higher executives, the board or
directors or stockholders.
Aliens can qualify for this position at the first anniversary of the grant of a previous L-1 Visa.
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