Multinational executives and managers are exempt from the labor certification requirement. 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.
To qualify as an executive, the worker must:
a) direct the management of the organization or a major component or function of the organization;
b) establish the goals and policies of the organization, component or function;
c) exercise wide latitude in discretionary decision making; and
d) receive only general supervision from higher level executives, the board of directors, or stockholders of the organization.
To qualify as a manager, the worker must:
a) manage the organization, or a department, subdivision, function, or component of the organization;
b) supervise and control 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;
c) have the authority to hire and fire supervised employees, or recommend them for promotion or other personnel action, or (if there are no immediate reports) function at a senior level within the organizational hierarchy; and
d) exercise direction over the day to day operations of the activity or function over which the worker has authority.