Employment-Based Immigration: First Preference – Multinational manager or executive
The EB-1C visa category is the third of three types of employment-based, first preference petitions for permanent residence reserved for applicants who are among the most capable and accomplished in their fields. To receive EB-1 status, an alien beneficiary may apply for adjustment of status if already in the U.S. or complete consular processing at a U.S. consular office abroad.
Frequently Asked Questions
What is the difference between L-1A and EB-1C?
EB-1C was created for managers and executives who meet the L-1A standards and are interested in becoming lawful permanent residents. The principal distinction between L-1A and EB-1C is that the latter allows the applicant permanent residence. You do not need to have L-A status before applying for EB-1C, but an individual who has L-1A status at the time of applying for EB-1C or has had L-1A status in the past has a stronger case.
What is the benefit of obtaining an EB-1C visa?
In general, an EB-1C visa is a convenient way for a small or start-up overseas company to expand its business and services to the United States. The advantage to smaller companies comes from the fact that the EB-1C visa allows for the transfer of a highly proficient manager or executive who has direct knowledge of the company’s operations, which helps ensure that the set up of the new U.S. office for the company is efficient and complies with the goals of the foreign based company.
What are the requirements to qualify for an EB-1C visa?
The petitioning employer must be a U.S. employer with a qualifying relationship with a foreign company, such as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed you abroad. The company must operate in the U.S. and in at least one other country, either directly or through a qualifying entity, in the regular, systematic, and continuous provision of goods or services. Lastly, the employer must have been doing business in the United States for at least 1 year before filing.
You must have been employed in a managerial or executive capacity by the overseas office of the US employer for at least one of the three years prior to filing the petition. You must also intend to immigrate to the US to work in a managerial or executive capacity with the employer. Additional conditions apply according to which professional capacity you are seeking.
If you are attempting to qualify as a manager you must additionally prove the following:
- You manages the organization, department, component, or function;
- You Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization;
- You have the authority to hire, terminate, and make other personnel decisions; and
- You exercise discretion over day-to day operations of the activity or function.
Please note that generally, first-line supervisors are not considered “managers” for EB-1C purposes.
If you are attempting to qualify as an executive, you must prove the following:
- You direct the management of an organization, major component, or function;
- You establish the goals and policies of the organization, major component, or function;
- You exercise wide latitude in discretionary decision making; and
- You receive only general supervision from higher executives, the board of directors, or stockholders.
How do I apply?
Your employer must file Form I-140, Petition for Alien Worker with USCIS.
Can I file for adjustment of status or consular process immediately with the I-140?
Concurrent filing is available if the visa numbers for the particular country from which the applicant is applying is current. If the visa numbers are not current, this means there are no visas currently available for that particular country. When visa numbers are not current, then you must file the I-140 as a standalone application.