Intracompany Transferees

There are five (5) immigrant visa categories available to aliens who wish to come to the United States for the principal purpose of employment. These are known as the employment-based 1st, 2nd, 3rd, 4th, and 5th preference categories. The vast majority of persons obtaining permanent residence in the United States through employment do so in one of the first three employment-based categories.
The employment-based 1st preference, also known as the priority worker category, is divided into three sub-groups, the third of which is for certain "Multinational Executives and Managers" or Intracompany Transferees.

The EB1(3) category is for certain multinational executives and managers. These are persons who have been admitted to the United States in order to work in, and are currently working in, managerial or executive positions with the same international corporations or organizations with which they were continuously employed as managers or executives outside the United States for at least one out of the three years before they were admitted; and aliens outside of the United States who will be engaged in the United States in managerial or executive positions with the same international corporations or organizations with which they have been continuously employed as managers or executives outside the United States for at least one of the immediately preceding three years. 
The terms manager and executive are more thoroughly defined in the regulations. It should be noted that these provisions provide for a waiver of the labor certification requirement. In order to qualify for this waiver, the US business must have been in operation and doing business for at least one year prior to the filing of the waiver application. As stated above, no labor certification is required for this classification; however, the prospective employer in the United States must furnish a job offer in the form of a statement that indicates that the alien is to be employed in the United States in a managerial or executive capacity. Such letter must clearly describe the duties to be performed by the alien.

 
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