Individuals eligible for multinational executive or manager classification under the employment-based first preference (“EB-1-3”) are at a huge advantage in the green card process. While they may skip the labor certification process normally required of their employers, they must have an offer of employment from a U.S. organization that is the parent, subsidiary, affiliate, branch, or joint venture of their previous employer abroad.
EB-1-3 individuals must also demonstrate that their past work with the qualifying employer abroad was for at least one full year (365 days) within the three years preceding the green card filing or their initial entry into the U.S. and that both the past work abroad and the prospective work in the U.S. constitute executive or managerial employment. With regard to the latter requirement, United States Citizenship and Immigration Services (USCIS) has devoted an unusually high level of scrutiny in recent years to ensure that these qualifying periods of employment indicate overall leadership, direct oversight over other key professionals and projects, and high levels of discretionary authority and decision-making.