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Managers or executives of multinational companies are eligible
for permanent residence. The E13 Multinational Manager category
applies to intracompany transferees who, within the three
years preceding initial entry into the United States, were
employed outside of the U.S. continuously for at least one
year in a managerial or executive capacity, and who will be
employed by a branch, parent, affiliate, or subsidiary of
that same employer in the U.S. in a managerial or executive
capacity. The multinational manager petition requires clear
documentation of the qualifying relationship of ownership
and control between the U.S. and foreign office. Managerial
and executive candidates typically enter the U.S. in L-1A
or E-2 status, then apply for their green cards in the E13
Multinational Manager category.
Two types of managers are recognized by the USCIS: those
who directly manage people and those who manage an essential
function. Managers who manage people have direct reports who
are professional grade employees - their direct reports are
either degreed professionals or are managers themselves. Managers
of an essential function must be at a senior level with respect
to the function managed, must have substantial discretionary,
day-to-day authority over the function managed, and must be
primarily engaged in fulfilling management duties. Managers
must demonstrate their management level qualifications for
their positions in the United States and with the qualifying
organization abroad. Project Managers may qualify in this
category by meeting the criteria for managing an essential
function.
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