EB-1C Visa: Multinational Executives And Managers
The EB-1C is an employment based immigrant visa that is specifically targeted to multinational executives and managers of corporations who have interest in starting or expanding their business to the United States.
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 been employed outside the United States for at least one year in the three years preceding the petition by an entity that has a qualifying relationship with your U.S. employer. This employment abroad must have been managerial or executive in capacity.
The U.S. petitioner must have been doing business for at least one year in the United States, and 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?
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 with 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 a EB-1C visa.
Is there an advantage in filing a EB-1C Visa application?
Yes, there is no need to file a labor requirement and having a current Visa makes it 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 receiving the I-140 approval, you will need to file the form I-485 to adjust your status to permanent resident or file the form DS-260 to apply for an immigrant visa abroad to get your green card. However, even if you receive the approval for your EB-1C case, you may still need to wait for some period of time before you can file the second part of your green card application. This depends on when your priority date becomes current according to the dates listed on the visa bulletin for people from your country. We can assist you in determining when you should file your green card applications. Finally, once you receive an approved I-485 or DS-260 and complete all required steps, you will officially become a legal permanent resident in the U.S. We will happily assist you or your family members in preparing your permanent residency application to obtain a green card once you are at this stage.
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 408-606-8911 and our attorneys would be happy to answer any questions that you may have about gaining temporary employment or permanent employment in the United States. With our main office in San Jose, we serve clients throughout California and the United States.