The alien must have worked overseas in a managerial or executive position for at least one of the three years immediately preceding the filing of the petition. This past employment must have been with the same employer, an affiliate, or a subsidiary of the U.S. employer.

There must exist a control relationship between the overseas company and the U.S. Company. The U.S. Company must be either an affiliate, or a subsidiary, or the same employer as the one that employed the alien abroad. In addition, the U.S. Company must have been doing business for at least one year.

The alien must be coming to the U.S. to work in a managerial or executive capacity.

Under INA, “managerial capacity” means that the employee primarily manages the organization, controls the work of other supervisors, or manages a function, has the authority to hire or fire, exercise discretion over the day-to-day operations or function for which the employee has the authority. “Executive capacity” means that the employee primarily directs the management, establishes goals and policies, and exercises wide latitude in decision-making.

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The employer must file the EB-1 petition with the INS Regional Service Center having jurisdiction over the place of employment. The alien cannot petition on his own behalf.