EB-1C Visa

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.

Eligibility:

Even though a labor certification is not required, certain requirements must be met:

EMPLOYER: 

  • 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.

EMPLOYEE:

  • 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.

FAQ

Answers to basic questions about ЕВ-1с visa

How is the petition process going?
For obtaining the status EB-1C Multinational Manager or Executive, the U.S. employer must file USCIS Form I-140, Petition for Alien Worker. As part of the application process, besides the evidence of the company existence and “doing business”, (such as incorporation documents, business license, bank statements, office lease documents). the employer must be able to demonstrate a continuing ability to pay the offered wage. To do that, the employer may use such evidence as tax returns or an audited financial statement.
Can the family of an EB-1C visa applicant qualify for entry?
After the Immigrant Worker Petition is approved, EB-1 visa holder’s spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-14 or E-15 immigrant status, respectively.
Adjustment of Status
After the immigrant worker visa is approved, the manager can apply to become a lawful permanent resident.

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