The EB1-3 visa classification is available to individuals who have been employed with a company abroad in a managerial or executive capacity for at least one year within the last three years, and who seek to work for a related United States parent, subsidiary, or affiliate of an overseas employer in a managerial or executive capacity. The applicant must meet the US Citizenship and Immigration Service (CIS) definition of a “manager” as someone who manages the organization,
a department, subdivision, function or component of the organization, supervises other managerial employees, and has the authority to hire and fire employees that come directly under his supervision. If the person does not supervise any employees, s/he must hold a senior level within the company with respect to the function managed.
The definition of an “executive” includes one who directs the management of the organization or a major component or function of the organization, establishes the goals and policies of the organization, component or function, and possesses a wide range of decision making power.
The application for the EB1-3 visa petition must be filed with the US Citizenship and Immigration Service (CIS) office. Once approved, the applicant, his/her spouse and children under 21 years of age can apply for their immigrant visas through adjustment of status in the United States or consular processing at a U.S. Consulate abroad.
