This EB-1 sub-category provides an immigrant visa for individuals who were employed as executives or managers overseas during at least one year within the three-year period immediately prior to transfer into the United States, and who are transferred to the United States to perform executive or managerial duties. The overseas and U.S. employers must be the same or affiliated entities. The definitions of executive capacity and managerial capacity are fairly broad, and include managing a function, not just employees.

Please note that supporting documentation attached to the petition should include:

-- proof of the beneficiary's prior qualifying 12 months of full-time continuous employment as a manager or executive with an affiliated company abroad during the three years immediately preceding your entry to the United States. This proof is typically pay-roll records or a corporate secretary’s certification;

-- proof that the beneficiary is maintaining status (copies of your visa, I-94 card and transfer letter to a subsidiary in the United States);

-- proof that both the foreign employer and current employer are qualified affiliates or subsidiaries;

-- proof that the current position is a qualifying managerial or executive position (new transfer letter and job description), and

-- proof that the current employer has been doing business in the United States for more than one year.