Permanent Residence Based Upon a Multinational Executive or Manager Petition

Q: This permanent category sounds similar to the L-1A nonimmigrant visa category - is it?

A: This permanent category is very similar to the temporary L-1A category, but there are important differences. Just because a foreign national has an L-1A visa does not mean that they will automatically qualify for the Multinational Executive or Manager Employment-Based First-Preference category.

Q: What are the similarities and differences of the L-1A nonimmigrant category?

A: Like the L-1A category, the permanent Multinational Executive or Manager category requires that the foreign national has worked for one out of the last three years for a company abroad which is related to the U.S. company (parent company, subsidiary, affiliate, or joint venture) and be coming to the U.S. to work in an executive or managerial capacity for the U.S. sponsoring company. The definitions of "Related Company" as well as "Executive" and "Manager" are similar for both the L-1A nonimmigrant visa and the permanent Multinational Executive or Manager category.

However, for the L-1A nonimmigrant category the foreign national need not have been working as an executive or manager abroad - he or she need only have been working for the overseas entity in a specialized knowledge capacity and be coming to assume a managerial or executive role in the U.S. For the permanent Multinational or Manager category, the foreign national must have been serving as an executive or manager with the overseas entity of the company before coming to the U.S.

So, an individual working for the overseas corporate entity in a position where they have specialized knowledge of the company's work and is then promoted to accept a management position with the U.S. entity may enter the U.S. on an L-1A visa, but the worker would not be eligible for the permanent Multinational Executive or Manager category. Such a worker would likely need to go through the labor certification process.

Another difference is an exception to the requirement that the one year which the foreign national must have worked for the corporate entity abroad have been in the last three years. Generally, a foreign national seeking permanent residence through the multinational executive or manager path must meet the one year out of the last three requirement.

However, if the foreign national has come to the U.S. to work for the related U.S. corporate entity and has worked exclusively for the related U.S. corporate entity since entry, then the three years that count are the three years before entry into the U.S. For instance, a foreign national who worked for the foreign entity of Company A for the entire calendar year 2000, then came to the U.S. to work for the U.S. entity of Company A on January 1, 2001, could apply for permanent residence through a Multinational Executive or Manager petition even in 2006.

Although the person's work for the foreign entity of Company A was more than three years ago, they would fit under this exception since they have worked exclusively for the U.S. entity of company since coming to the U.S. This would not be true if the foreign national took 2003 off to work for another employer and then returned to Company A.

Q: Does it matter for purposes of a Multinational Executive or Manager petition whether the foreign national entered on a regular L-1A or a Blanket L-1 petition?

A: Generally, it does not matter. However, there was a period of time when an individual entering under a blanket petition in some circumstances need only have worked for the related company abroad for only six months before becoming eligible for L-1 status.

Even though people entering under this provision could enter legally on an L-1, they would not have been eligible for the permanent Multinational Executive or Manager category without one full year working for the overseas entity.

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The above is presented for informational purposes only, and does not constitute legal advice or create an attorney-client relationship with our firm. The information provided should not be used as guidance in pursuing an immigration matter absent consultation with a qualified immigration attorney.