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Dinsmore | Immigration
 
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Dinsmore immigration attorneys leverage more than 60 years of cumulative experience to craft strategies and solutions to meet unique immigration needs. We anticipate the areas where the U.S. government may challenge a case, reverse engineer the case to lower the risk of denial, and increase the odds of approval. 

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EB-13/Priority Worker Multinational Executive Or Manager

Relevant Definitions

The following are the definitions of Manager and Executive used by the U.S. Citizenship and Immigration Service in judging eligibility for EB-13 Priority Worker Multinational Executive or Managerial classification.

Executive Capacity

An assignment within an organization in which the employee primarily:

  • Directs the management of the organization or a major component or function of that organization;
  • Establishes the goals and policies of the organization, component or function;
  • Exercises wide latitude in discretionary decision-making; and
  • Receives only general supervision or direction from higher level executives, the Board of Directors, or stockholders of the organization.

Managerial Capacity

An assignment within an organization in which the employee primarily:
  • Manages the organization, or a department, subdivision, function, or component of the organization;
  • Supervises and controls 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;
  • Has the authority to hire and fire or recommend those as well as other personnel activities (such as promotion and leave authorization) if another employee or other employees are directly supervised; if no employee is directly supervised, functions at a senior level within the organization hierarchy or with respect to the function managed; and
  • Exercises discretion over day-to-day operations of the activity or function for which the employee has authority.
A first-line supervisor is not considered to be acting in a managerial capacity merely by virtue of the supervisor's supervisory duties unless the employees supervised are professional.
 

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