Like EB-1 and NIW petition, Multinational executives and managers are exempt from the labor certification requirement.

The qualified multinational executives/managers can either have a "starting-up" business operations in the U.S. for foreign corporations or being transferred to the U.S. by large international corporations based in the U.S. or foreign countries.

Executive Capacity is defined as:

1) Directing the management of the organization or a major component or function of the organization;

2) Establishing goals and policies of the organization, component, or function;

3) Exercising wide latitude in discretionary decision-making; and

4) Receiving only general supervision from higher level executives, board of directors, or stockholders of the organization.

Managerial Capacity is defined as:

1) Managing the organization, or a department, subdivision, function, or component of the organization;

2) Supervising and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization;

3) If another employee or other employees are directly supervised, the manager has the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization) or, if no other employee is directly supervised, function at a senior level respect to the function managed; and

4) Exercising discretion over day-to-day operations of the activity or function for which the employee has authority. A first-line supervisors are not considered to be acting in the managerial capacity merely by virtue of the supervisor's supervisory duties unless the employees supervised are professionals.

To be admitted as an immigrant, a multinational executive or manager must have been employed in a managerial or executive or executive capacity for at least one out of the past three years. The past employment must be with the same employer, an affiliate, a parent or a subsidiary. The petitioning employer must have been doing business in the U.S. for at least one year, as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed you abroad.