EB-1C: Employment Based Immigration for Multinational Executives
Category EB-1C is an employment-based, first-preference immigrant visa for certain multinational executives or managers. Many of the EB-1C requirements are similar to that of the L-1A -visa for managerial and executive intracompany transferees.
Unlike many other employment-based green card options, this category does not require a PERM Labor Certification, which greatly expedites the entire process.
Even though a labor certification is not required, certain requirements must be met:
- the petitioning employer must be a U.S. employer;
- The company must have a qualifying relationship (parent, subsidiary, affiliate, etc.) with the foreign company that employed the professional worker abroad in a managerial or executive capacity;
- The employing company must exist for at least one year in the United States.
- The manager or executive must have been employed in a managerial or executive capacity outside the United States with the related (parent, subsidiary, affiliate, etc.) foreign company.
- Such employment must have been for at least 1 year in the preceding 3 years.
- The employment in the foreign company and the proposed employment with the US company must be in the managerial or executive capacity.
Managers can be managing a function or a department of the organization. They supervise the work of other professional employees, with the capacity to control, hire and fire subordinates.
Executives direct managers in the organization, establish company goals and policies. These are the high ranking employees who can make far-reaching decisions without substantial supervision.