If you’re an executive or manager that has been employed for at least one year during the course of the last years by a prospective firm or corporation, then your employer may be able to petition on your behalf for an immigrant EB-13 visa. Please note that one year of the three-year requirement may be fulfilled in the United States, provided that the employee is working for the same employer, affiliate or subsidiary in the United States, and was employed for at least one of the last three years by the company abroad before entering into a valid non-immigrant status.
Also keep in mind that if you’re interested in applying for an EB-13 visa, you must continue to render services to the same employer, or to a subsidiary or affiliate thereof, in a capacity that is either managerial or executive upon entry to the United States.
Listed below are definitions that describe the terms under the EB-13 visa, if you have any questions please feel free to contact our law offices:
Managerial capacity can be defined as an assignment with an organization in which the employee personally:
1. Manages the organization, department, subdivision, function or its components.
2. Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization or department or subdivision of the organization.
3. Exercises discretion over day-to-day operations of the activity or function. It should be noted that first-line supervisors are not considered managers unless the employees that they supervise are professionals.
Executive capacity can be defined as an assignment in an organization in which the employee primarily:
1. Directs the management of the organization or component of function.
2. Establishes goals and policies.
3. Exercises wide latitude in discretionary decision-making.
4. Receives only general supervision from higher level executives, board of directors, or stockholders.