EB-1C Overview

EB-1C visa is an immigrant visa classification within the Employment-Based (EB-1) Visa for multinational managers and executives. Usually, most of the annual allotment of visas are used by this group. The applicant must have worked for the same multinational company or other business entity for at least one year during the three years prior to the application in order to qualify as a multinational executive or manager under this preference.

For international leaders and managers who are interested in launching enterprises in the US, the Employment-Based immigration preference category was formed. Besides, by allowing the transfer of executives and managers with firsthand experience of the company’s operations to the US to help with the start-up, this visa category also enables foreign enterprises to extend their operations in the US. There are specific qualifications that must be satisfied in order to qualify as an Executive or Manager.

EB-1C Requirements

For Employee

  • The manager or executive must have spent one year working for the associated foreign corporation outside of the United States in the three years prior. The position held must have been one of management or executive responsibility.
  • The chosen U.S. employer must have been in operation for at least a year.
  • Provide proof that the person has administrative or executive authority.

Managers need to:

  • control a department or a function inside the company.
  • Manage the hiring, firing, and supervision of employees.
  • being able to manage staff wages and everyday tasks
  • Directors need to:
  • Possess the ability to instruct managers in your organization
  • Make significant judgments without a lot of oversight
  • Set broad objectives and guidelines

For Employer

  • The hiring business needs to be in a qualifying connection with a foreign firm (parent, subsidiary, affiliate, etc.)
  • The hiring organization must have operations in the US and one other nation. Either a subsidiary or a direct business relationship is possible.
  • The business must have been active in the US for at least a year.

EB-1C Documentation

When submitting an EB-1C petition, the supporting documentation is crucial to the success of your application. Your specific circumstance will determine which precise documents you must provide.

For Employee

  • Resume
  • Diploma
  • Passport
  • Valid visa to the United States (within three years)
  • Proof of a permanent job offer from U.S. company/employer.
  • The capacity to control or act in an executive role.
  • Confirmation records that attest to the transfer
  • Confirmation of the applicant’s employment as a manager or executive.

For Employer

  • Articles of incorporation or association, and business license
  • Application for EIN (Form SS-4)
  • Stock certificates
  • Lease of business location
  • Bank statement or wire transfer evidencing initial investment
  • Audited accounting reports (e.g., balance sheets, profit and loss statements, and cash flow reports)
  • Income tax filings for the three years prior to filing
  • Form 1120: Corporate income tax return (optional)
  • Form 941: Quarterly report (optional)
  • Commercial contracts, invoices, bills of lading, and letters of credit
  • Description of company business
  • Several sheets of company letterhead, including the company’s logo, name, and address
  • An organizational chart displaying the company’s structure
  • Pictures of the main office
  • Documents verifying the foreign affiliate

EB-1C Benefits

No Labor Certification Required

  • Many employment-based visa classifications require a US employer to first get an approved Labor Certification. A Labor Certification demonstrates that the US company attempted to obtain a qualified US worker and was unable to do so.
  • The Labor Certification process can be time consuming and tedious.
  • The EB1C visa does not require an approved Labor Certification. Instead, the US company can forgo the Labor Certification process and directly hire a foreign worker through a job offer.

 The EB-1C Visa is an Immigrant Visa Classification

  • Successful beneficiaries can obtain a US green card (lawful permanent residency) for themselves, their spouse, and unmarried children under 21 years old.
  • With a green card, you have the ability to travel in and out of the USA.
  • You have work authorization to work in any lawful capacity in the USA.
  • You have access to US schooling for yourself and your family.

Process of Applying EB-1C Visa

Employer must submit an I-140 immigrant petition for foreign worker to the USCIS in order to start the EB-1C process. You can submit an I-485 application to register as a permanent resident or change your status after that petition is accepted. Your status will instantly change to that of a legal permanent resident under the EB-1C green card upon the I-485’s clearance.

If you are outside of the United States when submit your application, you must go through consular processing. In order to do this, you must schedule an appointment with the American consulate or embassy in your country of residence and go there for a one-on-one interview with a consular officer.

To be eligible for an interview, you must submit an online DS-260 immigrant visa application and produce a printed copy of the confirmation page. You could or might not have to have your biometrics collected, depending on your age. To find out if you are subject to this obligation, contact your immigration lawyer.

If the officer gives you the all-clear, you will have the right to enter the country as a legal permanent resident. The official at the U.S. point of entry (border, seaport, or airport) will stamp your passport for admission following a quick background investigation. You will soon receive a letter with your EB-1C green card.

Frequentely Asked Question for EB-1C

Q: Can I aggregate the time I work for the foreign company to satisfy the one out of three-year working requirement?

A: Regarding the duration of employment abroad, the government allows the foreign national to have worked for the employer abroad for one year out of the three years prior. The regulations do not preclude the possibility of combining employment time over the course of the prior three years to meet the one-year requirement. If the foreign beneficiary was employed abroad for at least one year in the three years immediately preceding entry as a nonimmigrant, the USCIS rules for priority workers allow that foreign beneficiary to qualify for immigration in the first preference even if the foreign beneficiary is already in the country, for example, in L1 status.

Q: What is the key point to get an EB1-C petition approved?

A: The petitioner is the only party that must prove their case in EB1-C situations. The petitioner must offer convincing proof of the employer, the foreign national’s position, and their responsibilities. If a recipient is eligible, the likelihood of success is heavily influenced by how the case is presented. The case should typically be accepted if the argument is strong and the evidence is pertinent and well-presented.

 Q: Can a petition be withdrawn?

A: Yes, a letter asking USCIS to reject the I-140 petition may be sent by the petitioner or the Form G-28 representative.

 

uscis official EB-1C guidance page: https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-4

 

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