A petitioning U.S. employer may file an Immigrant Petition for Alien Workers (Form I-140) on behalf of such an executive or manager. The petitioner must demonstrate that the beneficiary has a permanent job offer in a primarily managerial or executive position with a qualifying U.S. employer. The petitioner must demonstrate that the beneficiary was employed abroad by a qualifying organization for 1 year out of the previous 3 years.
The petitioning U.S. employer must have been doing business in the United States for at least 1 year before filing a petition for its managers and executives. The beneficiary must have been employed for at least 1 year by a related organization abroad to work in a capacity that is managerial or executive. Managerial capacity includes personnel and function managers while executive capacity focuses on a person’s position within an organization.
The petitioning U.S. employer must demonstrate that it and the related organization abroad: maintain a qualifying relationship as parent/subsidiary, or affiliates; and are both actively engaged in doing business. In addition, the petitioner must demonstrate that it has the ability to pay the beneficiary’s salary.