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What is the EB-1C Category?
The EB-1C visa is a visa type that allows executives or managers to obtain a green card if they have worked for at least one year in a managerial or executive position at a foreign company affiliated with a U.S. employer that has been actively doing business for at least one year in the US. The employment in the foreign company must have occurred within the last three years.
EB-1A vs. EB-1B vs. EB-1C: What’s the Difference?
The EB-1 visa category is the first preference for green card options available to foreigners having exceptional achievements in their fields. EB-1A is for individuals with extraordinary abilities in the sciences, arts, education, business, or athletics, who have earned national or international acclaim. EB-1B is designed for outstanding professors and researchers. Finally, the EB-1C category allows multinational managers and executives to direct and oversee the operations of multinational companies in the U.S.
What are the Benefits of the EB-1C Visa?
- EB-1C applications generally end up faster compared to other employment-based green card categories because the applicants are exempt from the PERM labor certification process.
- Unlike other EB-1 categories, the EB-1C does not require applicants to demonstrate extraordinary ability; at least one year of managerial or executive experience in a multinational company is sufficient.
- The EB-1C category offers permanent residency for the whole family, including spouses and children under 21. Family members can obtain green cards and be permanent residents of the U.S.
- After the approval, the EB-1C green card provides long-term stability and the freedom to live and work anywhere in the U.S.
EB-1C Eligibility Criteria: Who Can Qualify for the EB-1C Category?
Strict requirements should be met to qualify for the EB-1C visa.
- There must be a U.S. employer that will file the application and a related foreign company where the applicant has been employed.
- The U.S. employer must have been operational in the U.S. for at least one year and must be financially capable of paying the salary of the executive or managerial employee.
- The foreign company must continue to operate until the applicant’s adjustment of status application is approved or until the EB-1C visa is granted to the applicant.
- The applicant must have worked in an executive or managerial position for at least one year within the last three years before the EB-1C application.
- The position the applicant will occupy in the U.S. must also be executive or managerial.
What is a Qualifying Relationship for EB-1C?
There must be a qualifying relationship between the U.S. company and the foreign company where the applicant has previously worked. This relationship can be in the form of a parent-subsidiary, an affiliate relationship, or a situation where the foreign company operates as a branch of the U.S. company.
However, the U.S. company cannot operate as a branch of the foreign company; in this possibility, the U.S. company cannot file an EB-1C petition as the employer.
Additionally, non-U.S. citizens or companies cannot file an EB-1C petition as the employer on behalf of the applicant.
Lastly, sole proprietorships cannot file on behalf of their owners, as sole proprietorships in the U.S. do not have legal entity status, and filing on behalf of the owner would effectively mean the owner is applying on their own behalf, which contradicts the fundamental principle of the EB-1C, where an employer must file on behalf of an employee.
The foreign company and the U.S. company are not obliged to operate in the same industry.
Executive vs. Manager: What’s the Difference?
Individuals who have held a managerial or executive position for at least 1 year within the last 3 years at a foreign company that has a qualifying relationship with a U.S. company are eligible to apply for an EB-1C visa. In the context of the EB-1C visa, managerial and executive roles are defined differently. Managers oversee the company, a department, a division, or an essential function within the company, supervising and controlling activities under their responsibility. Executives, on the other hand, possess broader management authority than managers, directing the company or a major part of it and having significant discretion in decision-making.
Who Qualifies as a Personnel Manager for EB-1C?
A managerial position includes both personnel managers and function managers. A personnel manager is someone who manages the company, a department of the company, or a division within the company, supervises and controls the work of other supervisory, managerial, or professional employees, and has authority over hiring, firing, and promoting the employees. The personnel manager must oversee and supervise staff as a manager and cannot handle the daily operational tasks within the company.
Who Qualifies as a Function Manager for EB-1C?
A function manager is someone who manages an essential position within the company rather than managing company employees. The function manager must personally manage an essential function within the company, hold a high position within the company organization or within the managed function, and have discretionary authority over the daily operations of the function. A function manager cannot personally handle the daily tasks and activities of the function but must manage the function. There may not be direct employees reporting to the function manager, but there must be employees performing routine activities within the managed function.
Who Qualifies as an Executive for EB-1C?
An executive is a person with broader management authority compared to a manager. An executive directs the company or a significant part of it or a function; sets the goals and principles of the company, a significant part of it, or a function; and has broad discretionary authority in decision-making, receiving general direction only from top-level executives, company partners, or the board of directors.
EB-1C Requirements: What are the Documents and Evidence Required For an EB-1C Green Card?
In EB-1C applications, there are numerous required documents, including those proving compliance with the legal requirements for EB-1C, personal documents, and forms.
The forms for EB-1C are the I-140, I-485, or DS-260 forms. Initially, the I-140 form is completed and submitted to USCIS along with the necessary document set to obtain initial approval. Afterward, the I-485 form is filled out for the adjustment of status application within the U.S.. For visa applications made from outside the U.S., the DS-260 form is used instead of the I-485 form.
Documents proving that the EB-1C requirements are met can be grouped as follows:
- Documents demonstrating the qualifying relationship between the U.S. company and the foreign company
- Tax returns and similar documents proving that the U.S. company has been operating in the U.S. for at least 1 year
- Evidence that the foreign company is active and will continue its operations until the issuance of EB-1C visa or adjustment of status application.
- Documents such as organizational charts and job descriptions proving that the applicant has worked in a managerial or executive position at the foreign company for at least 1 year within the last 3 years.
- Documents such as organizational charts and job descriptions showing that the position in the U.S. meets the managerial or executive criteria defined by regulations.
Personal documents:
- Documents such as the applicant’s old and current passports, U.S. visas, and resume.
- If the applicant’s spouse and children are also applying, passports, visas, and documents proving the relationship with the applicant.
EB-1C Application Process: How Can You Apply For EB-1C Green Card?
Step-by-Step EB-1C Green Card Process
- First, the eligibility of the applicant, the U.S. company, and the foreign company for EB-1C must be assessed. If the EB-1C application is suitable for the applicant, the necessary documents are collected, and the application package is prepared.
- While preparing the application package, the I-140 form is completed and submitted to USCIS along with the application package. After receiving approval from USCIS, if applying for adjustment of status within the U.S., the I-485 form is filled out and submitted to USCIS. The I-485 form can also be submitted concurrently with the I-140 form.
- If applying for a visa from U.S. missionaries abroad, the DS-260 form is completed, and the EB-1C visa application is made along with the relevant documentation..
What are EB-1C Priority Date and Final Action Dates?
The priority date is the date where the EB-1C adjustment of status or visa application is made on behalf of the applicant whereas the final action date implies the date where the last EB-1C adjustment of status or visa application is accepted before the relevant authorities and the last green card is issued. If the priority date of an applicant is before the final action date determined for the EB-1C category, the applicant is eligible for the EB-1C green card or visa.
Final action date for the EB-1C category is current, which means that EB-1C applicants may apply for EB-1C visa to the Department of State’s national visa center or adjustment of status applications to the USCIS regardless of their EB-1C priority dates except for the applicants from mainland China and India.
EB-1C Processing Time: How Long Does It Take to Get EB-1C Approval?
The processing time for an EB-1C green card application varies depending on the application location and timing. Initially, the I-140 form is submitted to USCIS, with an average processing time of 8-9 months. The I-485 form is used when an adjustment of status application is made before the USCIS within the U.S., and it generally takes 15-20 months to process. However, it is also possible to submit the I-485 form concurrently with the I-140 form, which shortens the processing times.
The processing time for an EB-1C visa application can vary among U.S. consulates abroad.
On average, the entire EB-1C process is expected to take at least 15 months.
Is Premium Processing Available For EB-1C?
Premium processing can be requested for I-140 petitions under the EB-1C category submitted to USCIS. The current fee for premium processing is USD 2,805. When premium processing is requested, USCIS is required to make a decision on the case within 15 days of submission.
What Happens If I Change My Employer While My EB-1C Petition is Pending?
The change of employer while the EB-1C petition is pending is not possible as per the regulations. When a change of employer occurs while the EB-1C petition is pending, the new employer must file a new EB-1C petition to show that the legal requirements are met.
According to regulations, changing employers while an EB-1C petition is pending is not possible. If a change of employer occurs during the pending period, the new employer must submit a new EB-1C petition to demonstrate that the legal requirements are still being met.
Rejection of the EB-1C Application: Can EB-1C Be Rejected?
The EB-1C application may be denied if the requirements are not met.
What is the Denial Rate For EB-1C?
As per the information from the USCIS website, the EB-1C denial rate for the year 2022 was 25.3%, which demonstrates that the EB-1C petitions have a remarkably high acceptance rate.
What are the Main Reasons For EB-1C Denial?
One of the most common reasons for the EB-1C denials is when the applicant, petitioner or the foreign company do not meet the eligibility requirements. If;
- The petitioner fails to show the one-year employment requirement as an executive or manager of the applicant in the foreign company
- The employer could not show that the offered position in the US will be managerial or executive
- The qualifying relationship could not be established between the foreign company and the US company
- The US company has not been operational for at least one year
What Should I Do If My EB-1C Application is Rejected?
If your EB-1C application is denied since the requirements are not met,you can appeal to the Administrative Appeals Office within 30 days or submit a new application with additional evidence to strengthen the case.
Work with Oguz Law’s EB-1C Attorneys
At Oguz Law, our expert team is here to assist you with the EB-1C and L-1 visa processes. Our team handles everything from determining whether you meet the legal requirements for EB-1C, identifying and gathering the necessary documents, to ensuring the approval of your adjustment of status or visa application. If you would like to immigrate to the U.S. with top-quality and fast service, contact us!
Frequently Asked Questions About EB-1C Green Card Visa
Is There a Salary Requirement For EB-1C?
The employer must show that the EB-1C applicant will earn a competitive salary since the applicant will work as an executive or manager in the company. However, there is not a specific determination of salary.
Does EB-1C Require PERM?
No. EB-1C does not require a PERM process as an employment based first preference green card option.
What is the 3 Year Rule For EB-1C?
Three year rule is the period before the application where the Beneficiary must have been employed in the foreign company in an executive or managerial position.
What is the 1 Year Rule For EB-1C?
The beneficiary must have been employed at least one year in a managerial or executive position in the foreign company.
Can I Apply for EB-1C Without L-1A?
Yes, if the requirements for the EB-1C are met, you can apply for the EB-1C without having an L-1A approval.
Can H-1B Holders Apply For EB-1C?
If the H-1B holder can show that he or she has been employed in a managerial or executive position for at least one year in the preceding three years before the submission of the EB-1C application and that other legal requirements are met, H-1B holders may also apply for the EB-1C.
Can L-1B Holders Apply For EB-1C?
If the L-1B holder can show that he or she has been employed in a managerial or executive position for at least one year in the preceding three years before the application and other legal requirements are met, L-1B holders may also apply for the EB-1C.
Will EB-1C Become Current in 2024?
EB-1C is current except for the applicants from mainland China and India.
What is the EB-1C Cut-off Date For India?
EB-1C cut-off date for India is 8 February 2022.
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