EB-1C Visa: Multinational Executives And Managers
The EB‑1C classification allows a U.S. company to sponsor a manager or executive from its foreign affiliate to lead or expand its U.S. operations by filling in a permanent, full-time position.
This visa allows companies from overseas to expand to the United States by permitting these companies to transfer executives and managers with direct knowledge of the company’s operations. This allows these managers and executives to assist with the company’s start up or expansion processes in the United States.
There are, however, specific requirements that need to be met to gain a EB-1C visa. You must have at least one year of managerial or executive work outside the United States within the three years immediately before the petition is filed. That year must have been with the U.S. employer’s related foreign organization, such as its head office, a controlled subsidiary company, a commonly owned sister company or a branch. Moreover, the U.S. employer must have been doing business in the United States for at least one year and must intend to employ you in a managerial or executive capacity.
Common Questions And Answers About EB-1C Visas
What is the difference between a manager and an executive?
Generally speaking, managers need to:
- Manage a function or department of the organization
- Supervise work of others, as well as hiring and firing
- Control the daily activities and salaries of employees
Executives need to:
- Direct managers within the organization
- Make decisions without supervision
- Create company goals and set policies
Who can petition for an EB-1C?
The employer in the United States has to file the petition for the manager or executive transferee. This petition must also have a statement from the employer confirming all requirements and the job description.
Does a labor certification need to be filed as well?
No, labor certifications are not required for an EB-1C visa.
Is there an advantage in filing an EB-1C Visa application?
Yes, there is no need to file a labor certification, and it is often much faster to obtain a green card in this category compared to other approaches.
After my EB-1C petition is approved, when can I get my green card?
After USCIS approves your I‑140, the next step is either filing a Form I‑485 in the United States to adjust your status or going through consular processing abroad by submitting a Form DS‑260. It’s important to note that you may still need to wait for some period of time before you can file the second part of your green card application. You can move forward only when your priority date, as listed on the visa bulletin, is current for your country.
You become a lawful permanent resident when USCIS approves your I‑485, or when a U.S. consulate issues your immigrant visa and you are admitted to the United States. We can advise you on when you should file your green card applications and how long the process may take, as well as help you prepare your applications for you and your family members.
Can my family join me with green cards if my EB1C is approved?
Yes, your spouse and unmarried children under 21 can also get green cards based on your case if you are approved.
What if I have more questions on EB-1C visas?
Please feel free to contact us online for a free initial case evaluation. You can also call Fok Immigration Law at 408-212-7014 or 650-546-7020, and our attorneys would be happy to answer any questions that you may have about gaining temporary or permanent employment visas in the United States. With our main office in San Jose, we serve clients throughout California and the United States.