EB-1C Visa

The EB1-C visa is designed to facilitate the transfer of high-level talent within multinational companies to the U.S., offering a streamlined process for those who demonstrate extraordinary ability and leadership skills in managing and directing international business operations. With its emphasis on facilitating the movement of key personnel critical to the success and growth of multinational enterprises, the EB1-C visa serves as a vital tool in promoting economic development and improving global business relationships within the United States.

What is the EB-1C Visa?

The EB-1C visa is a category within the Employment-Based Immigration Program that enables international executives and managers to obtain a green card in the United States. This visa category is designed for multinational companies seeking to transfer key personnel (such as manager and executive positions) to their U.S. branches or subsidiaries.

Who Qualifies for the EB-1C Visa?

To qualify for the EB-1C visa, applicants must meet specific criteria as international executives or managers:

a. Employment Relationship

The applicant must have been employed outside the U.S. for at least one year in a managerial or executive capacity by a qualifying multinational company.

b. Transferring to the U.S.

The applicant must be coming to the United States to continue working for the same employer or a related entity in a managerial or executive capacity.

c. Relationship between Companies

There must be a qualifying relationship between the foreign employer and the U.S. entity, such as parent company, subsidiary, or affiliate.

How Does the Application Process Work?

Step 1: Eligibility Determination

The first step is ensuring that the applicant meets the eligibility criteria for the EB1-C visa. This includes demonstrating employment as a manager or executive for at least one of the past three years by a qualifying multinational company outside the United States, the requirement of business operation of at least one year for the U.S. company, and qualifying relationship between the foreign and U.S. companies.

Step 2: Job Offer from U.S. Employer

A job offer from a U.S. employer who is a subsidiary, affiliate, or branch of the same multinational company where the applicant currently works or has worked as a manager or executive is required.

Step 3: Petition Filing

Once the applicant has a job offer from a U.S. employer, the employer must file Form I-140, Immigrant Petition for Alien Worker, on behalf of the applicant. This petition should include evidence supporting the applicant’s eligibility for the EB1-C visa, such as a cover letter explaining the reasons for eligibility for the EB1-C visa, documentation of their managerial or executive role for one continuous year in the three years preceding the application, the relationship between the U.S. employer and the multinational company, organizational chart of both companies and personal documents of the applicant.

Priority Date: After approval of Form I-140, the applicant is assigned a priority date, which is the date the petition was filed. The priority date determines when the applicant can apply for adjustment of status (if already in the United States) or when they can apply for an immigrant visa (if outside the United States).

Step 4: Application and Approval

Adjustment of Status: Applicants already in the United States with a valid nonimmigrant status may apply for adjustment of status by filing form I-485 to become lawful permanent residents once their priority date becomes current with the approval of the EB-1C application. Once the application of form I-485 is accepted, the applicants obtain permanent resident status and may receive their green card.

It should also be noted that the form I-485 and I-140 may be filed to the USCIS concurrently for EB1-C.

Consular Interview: Those outside the United States must undergo consular processing at a U.S. embassy or consulate to obtain an immigrant visa after the approval of the EB1-C application.

Applicants applying for an immigrant visa through consular processing must submit the DS 260 form and schedule and attend an interview at a U.S. embassy or consulate. If approved, applicants are granted lawful permanent resident status and may receive their green cards.

What Are the Benefits of the EB-1C Visa?

The EB-1C visa offers several advantages to executives and managers seeking permanent residency in the United States:

a. Priority Dates

The EB-1C category does not have a backlog, providing faster processing times compared to other employment-based visa categories.

b. Direct Green Card Process

Successful EB-1C applicants can obtain a green card directly, bypassing the often-lengthy process of obtaining a temporary work visa and later transitioning to permanent residency.

What Are the Required Application Documents?

When applying for the EB-1C visa, applicants must submit a comprehensive set of documents to support their eligibility as executives or managers. The following documents are commonly required:

a. Proof of Employment

Documentation demonstrating that the applicant has been employed in a managerial or executive capacity for at least one year by the qualifying multinational company.

b. Job Offer and Description

A letter from the U.S. employer detailing the job offer and describing the executive or managerial role to be undertaken in the United States.

c. Business Documentation

Evidence of the qualifying relationship between the foreign employer and the U.S. entity, such as corporate filings, contracts, or financial statements.

d. Resume/CV

A comprehensive resume or curriculum vitae detailing the applicant’s professional experience, qualifications, and responsibilities.

e. Supporting Letters

Letters from current or former employers, colleagues, or business partners confirming the applicant’s executive or managerial roles and highlighting their abilities and contributions.