Executives and Managers of multinational corporations, meeting certain qualifying critera, may be able to bypass the labor certification/PERM process and obtain a permenent residence (green card) through the First Preference Employment-Based Category (EB-1).
For classification as an "executive"an individual must meet four criteria set forth by USCIS:
- alien must have position within the company where he/she directs the management of the organization or a component or function;
- alien establishes the goals and policies of the organization, component or function;
- alien exercises wide latitude in discretionary decision making and
- the alien must receive only general supervision from higher level executives, the Board of Directors or stockholders
- the alien manages the organization, or a department, subdivision, function or component of the organization;
- supervises and control the work of other supervisory, professional or managerial employees or manage an essential function within the organization, or a department or a subdivision of the organization;
- has authority to hire and fire or recommend those as well as other personnel actions, or is no personnel are supervised, function at a senior level in the organizational hierarchy with respect to the function managed and;
- exercises discretion over the day to day operations of the activity or function for which the employee has authority.