USCIS Adopts AAO Decision on EB-1 Multinational Managers and Executives

03/22/2018

Today USCIS adopted the Administrative Appeals Office's ("AAO") decision in Matter of S-P-, Inc., which clarifies that an employer cannot sponsor an immigrant for an EB-1 visa as a multinational manager or executive if the immigrant worked for an unrelated company in the U.S. for more than two years after their one year of qualifying experience abroad.

Matter of S-P-, Inc. clarifies that a beneficiary who worked abroad for a qualifying multinational organization for at least one year but subsequently left for a period of more than two years after being admitted to the United States as a nonimmigrant does not meet the foreign employment requirement for the EB-1 immigrant classification as a multinational manager or executive. Such a beneficiary would need to spend one additional year working in his or her qualifying employment abroad before he or she could qualify.

Immigrants qualify for the EB-1 visa if they work for the overseas branch of a multinational company for at least one out of the three years preceding the date the U.S. branch petitioned for the visa. The adopted decision clarifies that immigrants who worked for a different employer in nonimmigrant status in the U.S. for more than two years after their one year of qualifying experience are not eligible for the EB-1 visa.

As an adopted decision, Matter of S-P-, Inc. is now binding policy for all adjudicating USCIS officers.

If you have any questions, please contact your Goel & Anderson attorney.