Companies who have registered their firms at the Consulate may apply to have their supervisory and essential employees transferred to the United States. The Foreign Affairs Manual, which dictates the regulations by which Consular Officers must abide, stipulates the definitions of these two groups:
- Supervisory Employee: This is for managers, executives, and supervisors of the U.S. Company. To be determined a Supervisory Employee within the U.S. company, the Consular Officer will examine the position within the firm’s organizational structure, the duties of the position, the degree to which the applicant will have ultimate control and responsibility for the firm’s overall operations, the number and skill levels of the employees the applicant will supervise, the level of pay, and whether the applicant possesses qualifying executive or supervisory experience.
- Essential Employee: The Consular Officer will evaluate whether the employees possess special qualifications that make the service to be rendered essential to the efficient operation of the U.S. enterprise. The employee must, therefore, possess specialized skills and, similarly, such skills must be needed by the enterprise.
Applicants should bring the following required supporting documentation on the day of their interview:
- Confirmation of appointment.
- DS-160 confirmation page for all applicants and dependents.
- Updated DS-156E part I, II and III (Pdf) signed by an officer legally empowered to act in the company’s name.
- One 2×2 inch passport-style photograph for each applicant, taken on plain white background within the last six months.
- Letter from the company specifying the name of the Subsidiary where the applicant will work and the reasons for his/her assignment to the U.S.
- A copy of the applicant’s resume or CV.
- A signed contract as proof of employment with company (for new employees of the company).
- For any dependents – please see information on the proceeding page.