Intracompany Managerial or Executive Transferee Immigrant Visa
The EB-13 immigrant visa category is appropriate for international companies with two (2) or more international locations, including the United States. A sponsoring U.S. employer and the related company abroad must have a "qualifying relationship", which means that each of these entities must be related to the other as a "branch", "parent", "subsidiary" or "affiliate".
In order to qualify for an immigrant visa as an intracompany transferee, the beneficiary must have served abroad as a manager or executive for at least one (1) year of the three (3) years prior to the application for admission to the United States. Also, he or she must serve as a manager or executive upon admission to the U.S., as defined below:
Managersare those who: (1) manage the organization or a component of the organization; (2) supervise the work of other supervisors, professionals, or managers or manage an essential function; (3) have personnel authority (hiring and firing) or function at a senior level within the company hierarchy or with respect to the function managed; and (4) exercise discretion over the day-to-day operations.
Executivesare those who: (1) direct the organization or a major component; (2) establish the goals and policies; (3) exercise wide latitude in discretionary decision-making; and (4) receive only general supervision or direction from higher level executives.