Since you have been in a managerial position for more than a year now, the US employer can file a petition for you as a Multinational Manager, EB-1 (3). The required one year of qualifying managerial employment with the multinational group can be either with the current U.S. employer, or another U.S. affiliate in the same group, or with the company overseas from which you were transferred that is a part of the same multinational group.
For the EB-1 category for multinational executives and managers, you must establish that you worked abroad for at least one year within the three year period prior to transferring to the US entity in a managerial role. If you were granted L-1A status, it must have been presented that you did in fact work in a managerial capacity abroad (basically the same requirements apply to L-1A as to the EB-1 multinational executive/manager category.) The regulations do permit managing a function, rather than qualifying solely based upon managing other professionals. (See CFR 204.5(j)(3). Our firm offers a free initial consultation if you would like us to review your documents to determine eligibility for EB-1 classification.
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David N. Soloway
Frazier, Soloway & Poorak, PC
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