Immigration Law Firm

EB-13

First Preference Employment-Based Visa for Multinational Executives or Managers ( EB-13): The EB-13 visa allows an alien to obtain permanent residency and immigrate (if outside the United States) or adjust status (if inside the United States) based on a petition filed by the alien's employer. The EB-13 category is available to certain multinational executives or managers.

General Requirements:

  • The employee must have worked for the petitioning company abroad for at least one year during the three years before the petition was filed or before the alien entered as a nonimmigrant to work for the petitioner.
  • The employee must continue working for the same employer.
  • The employee must have been working for the petitioner in a managerial or executive capacity before entering the United States and continue in that capacity once in the country.
  • Managerial capacity means the employee personally:
    • Manages the organization, department, subdivision, function or component;
    • 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
    • Has authority to hire and fire or recommend personnel actions or function at a senior level; and
    • Exercises discretion over day-to-day operations of the activity or function.
  • Executive capacity means the employee is primarily assigned to a task which:
    • Directs the management of the organization or a component or function;
    • Establishes goals and policies;
    • Exercises wide latitude in discretionary decision making; and
    • Receives only general supervision or direction from higher level executives, board of directors or stockholders.
  • Both large and small businesses may utilize the EB-13 classification. However, the petitioning employer must be multinational and have a branch, affiliate or subsidiary outside of the United States.
  • There is no labor certification requirement for EB-13 employees.

Derivative Benefits:

  • The spouse and unmarried children under the age of 21 may accompany the principal EB-13 visa holder to the United States as permanent residents. The spouse and unmarried children are allowed to work in the United States and may apply to become citizens after five years.

Procedure:

  • The sponsoring employer must first file a petition for alien worker with U.S. Citizenship and Immigration Services. The EB-13 applicant may not self-petition.
  • Upon approval of the petition, the alien will then be eligible to either adjust status (if within the United States) or apply for an immigrant visa at the appropriate consulate abroad (if outside of the United States). Priority dates are generally current for the EB-13 category, allowing the individual to adjust or immigrate immediately upon approval of the petition.

Example:

A company operating hotels internationally petitions to bring one of its foreign hotel managers into the United States to continue working in that capacity.

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