EB 1-3 International Executives and Managers


EB 1-3 immigrant status provides permanent residency to qualifying multinational executives and managers.  Applicants for EB 1-3 status have many immigration benefits, including the ability to petition without a labor certification.


The EB -1-3 immigrant status is reserved for multinational executives and managers who have worked for at least one year as an executive or manager for an international company during the last three years.  The qualifying work must have been performed outside of the United States and must have been performed for a company that is related to the company that will employ the executive or manager in the United States.

Eligible immigrants do not need to complete a a labor certification.  However, the United States business must have been in existence for at least one year before filling the petition.


Among other requirements, an immigrant seeking to gain permanent residency as an EB 1-3 recipient must demonstrate that the position sought will be in an executive or managerial capacity.

To be considered a position with executive capacity, the position holder must:

  • Manage an organization or major component,
  • Have authority to make, police and establish goals,
  • Have discretionary decision-making authority, and
  • Be subject to only general supervision from higher executive, the board of directors, or stockholders.

To be considered a position with managerial capacity, the position holder must:

  • Manage an organization or department,
  • Supervise and control other managers or professional level personnel,
  • Have authority to make personnel decisions, and
  • Have discretion to make decisions about operations.

After Obtaining Permanent Residency:

Citizenship: After five years of permanent residency, the EB 1-3 recipient may be eligible to become a naturalized U.S. Citizens.
Travel Abroad: After obtaining permanent residency, the EB 1-3 recipient may be able to freely travel abroad.  However, care must be taken to ensure that the permanent resident does not “abandon” his or her permanent residency by staying abroad for a significant amount of time.
Family: An EB 1-3 visa recipient can provide permanent residency status to his or her spouse and minor children (unmarried children under the age of 21).

More Information:

If you think you may be eligible for EB 1-3 immigration status as an international executive or manager, please contact Gafner Law Firm.  Additionally, information may be available at the USCIS website.