The EB-1C visa is designed for multinational executives and managers, offering a pathway to obtaining a green card in the United States.
This guide will walk you through the EB-1C visa requirements and eligibility, requirements, necessary documents, and the step-by-step application process.
Understanding the EB-1C Visa
The EB-1C (employment-based, first preference visa) is an immigrant visa applicable to certain multinational executives or managers. It allows a multinational company to transfer a manager or executive from an overseas entity to its U.S. entity.
A managerial role refers to a position that supervises and controls the work of other professionals. On the other hand, an executive role involves directing the organization or a major component of it.
Since the EB-1C visa is an immigrant visa, it leads to permanent residency or obtaining green cards for the beneficiary, their spouse, and unmarried children under 21 years old.
Unlike most employment-based visa categories, the EB-1C does not require an approved PERM labor certification to transfer the foreign worker. Instead, the U.S. entity can simply hire the foreign worker through a job offer. This is a significant advantage as it skips the time-consuming and complex process of obtaining a PERM labor certification. Thus, the EB-1C is more streamlined as a result.
Who Qualifies for the EB-1C Visa?
To qualify EB-1C visa requirements, you must demonstrate the following:
You must have been employed by the U.S. petitioner’s overseas entity for at least 1 year in the 3 years before your application or your most recent non-immigrant admission if you are already working in the U.S. for the petitioner.
Your role overseas must have been managerial or executive in nature.
Your U.S. petitioner must have a qualifying relationship with the overseas entity you previously worked for.
Your U.S. petitioner/employer must have already been operating or doing business for at least 1 year.
Your U.S. petitioner must intend to employ you in a managerial or executive role.
What are EB-1C visa requirements?
Employment with a qualifying multinational company
A qualifying relationship between the overseas company and your U.S. petitioner means any of the following:
Parent, subsidiary, or 50-50 joint venture – one of the entities owns 50% or over 50% of the other company and controls it.
Branch office – the branch office must be a U.S. corporation.
Affiliate – subsidiary companies owned and operated by the same parent company.
1 year of continuous employment abroad or within the U.S. under a non-immigrant visa
As previously mentioned, you must have been employed for at least 1 year by a multinational company with a presence in the United States and abroad in the three years before your application, either overseas or in the U.S. under a different, non-immigrant visa category. Your employment should have been in a managerial or executive capacity.
Transfer to a U.S. entity that has been operating for at least 1 year
The purpose of the EB-1C visa is to facilitate the transfer of executives and managers to the U.S. entity of the same or related/qualifying multinational company. You must demonstrate that you are being transferred to the U.S. to continue your executive or managerial duties.
Note that having an existing office in the United States is not enough. The U.S. company or petitioner must have already been conducting business for at least 1 year. This can be proven through invoices and contracts.
Full-time U.S. job offer
You must have a valid full-time job offer for an executive or managerial position in the U.S. This offer should come from the same multinational company or its subsidiary, affiliate, parent, or other qualifying relationship.
Ability to demonstrate managerial or executive capacity
Your role as an executive or manager should involve decision-making authority and substantial control over the organization’s operations. You will need to provide documentation or evidence of your responsibilities and the scope of your authority.
What is the Application Process for the EB-1C Visa?
Hire an immigration attorney
While it is possible to apply for the EB-1C visa on your own, we strongly recommend you hire an experienced immigration attorney as they can offer you tailor-fit solutions and help guide you every step of the way.
Additionally, immigration attorneys are always updated with the latest policies and regulations per the USCIS, saving you from anxiety and possible mistakes. They will plan a compelling case for you and request the most effective evidence for your circumstance. Your only job would be to procure these documents and follow their advice. Partnering with an experienced immigration attorney can save you time and effort and ensure a successful and smooth application.
File Form I-140 (Immigrant Petition for Alien Workers)
Your immigration attorney will help you gather strong evidence for your petition and file it on your behalf. The U.S. company that offered you the job will be your petitioner, and you will be their beneficiary. Form I-140 will be filed along with all your supporting documentation. It costs $700 to file this petition. Check the USCIS guideline for the latest information on Form I-140 fees.
Note that you can also opt for premium processing if you are under time pressure. This is optional and costs an additional $2,500. It guarantees that the USCIS will process your petition within 15 to 45 calendar days. It is refunded otherwise.
Adjustment of status (Form I-485) or consular processing (DS-260)
Once your Form I-140 petition is approved, the next step will depend on your location.
If you are already in the United States, you can apply for an adjustment of status (Form I-485), which costs $1,140. It costs $750 for children under 14. Check the latest USCIS guideline for the latest information on Form I-485 fees.
If you are outside the United States, you will go through consular processing (DS-260) in your home country, which costs $345 for employment-based cases. Check this fee guideline for the latest information on consular processing fees.
What Documents to Prepare for the EB-1C Visa Requirements Application?
Here is a handy checklist of documents you may need for your EB-1C visa requirements application:
Documents proving your capabilities as an executive or manager
Documents demonstrating the qualifying relationship between the foreign and U.S. company
Documents demonstrating you have worked for the foreign company (e.g., employment contracts, tax returns, pay stubs, etc.)
Tax returns for both companies
Stock ownership documents for both companies
Articles of incorporation for both companies
A detailed organizational chart with descriptions of the positions at both companies
Documents proving the U.S. company has been operating for at least 1 year (e.g., invoices, contracts, licenses, lease agreements, W-2s, etc.)
A copy of your full-time offer with descriptions of job responsibilities
Your academic records
Employer identification number
Relevant audited financial documents for both companies
Letters of recommendation
Your personal documents (e.g., passport, birth certificate, marriage certificate [if applicable], passport-sized photographs, etc.)
Certified document translations, if applicable
Notarized affidavits or declarations, if necessary
Note that the above are general suggestions. You must consult your immigration attorney to find the best evidence to support your application.
Message us for a free consultation!
Our expert team of experienced immigration attorneys and professional business plan writers at Immigration Business Plan is here to guide you every step of the way. We specialize in EB-1C visa applications and can offer you tailored advice. Message us for a free consultation.