EB1C Visa Requirements | Global Immigration Partners

For Global Managers & Executives

Understanding the EB-1C Visa

The EB-1C Visa is designed for managerial and executive level employees who aspire to gain permanent residency, or a Green Card, in the United States. It serves as an ideal choice for business executives worldwide who desire to move to the United States with their families. However, certain conditions apply, hence it is crucial to consult a US attorney to identify the most suitable immigration route for you.

In order to secure the EB 1C visa, it’s mandatory that you’ve been employed overseas for a minimum of 1 year within the 3 years prior to the petition or the latest lawful non-immigrant admission if you’re currently employed by the U.S. petitioning employer. The U.S. petitioner should have been in business for at least 1 year, maintain a qualifying relationship with the foreign entity you were employed by, and plan to hire you in a managerial or executive role.

The EB-1C Green Card is a category of employment-based immigrant visa that allows foreign executives and managers to obtain permanent residency in the United States. This visa category is specifically designed for multinational executives or managers who are being transferred to a U.S. branch, subsidiary, or affiliate of their current employer. In this outline, we will explore the requirements and benefits of the EB-1C Green Card.

EB1C Benefits

No substantial initial investment needed: Unlike certain other visa types, the EB-1C visa application does not necessitate a hefty initial investment. The U.S. company applying for the visa merely needs to demonstrate that the business is adequately funded for its sector and is projected to sustain operations for the next 2-3 years.
No need for labor certification: In the same vein, there’s no obligation to create new jobs or undergo the labor certification process, both of which can be burdensome and time-consuming for employers. Instead of proving that the company attempted and failed to hire a competent U.S. worker, an EB-1C applicant business can directly employ a foreign worker.
Inclusion of family members: EB-1C visas also permit successful recipients to secure green cards for themselves and eligible family members, including spouses and unmarried children under 21. Green card holders have the freedom to travel within the U.S., as well as enter and exit the country. Furthermore, individuals with green cards are allowed to work and go to schools in the U.S.
Straightforward process for workers: For the potential immigrant and their family under an EB-1C visa, another advantage is the relatively uncomplicated visa process. The employer applying, not the employee, is responsible for gathering and submitting the necessary paperwork and paying the required filing fees. There’s no need for immigrant workers to provide a significant amount of money to secure a visa themselves.
Unrestricted status: Lastly, some other visa categories (like the EB5 Visa category) involve a conditional period, after which further filings and documentation are needed. However, once permanent residency is granted under an EB-1C visa, it is unrestricted.

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Requirement for an EB1C Visa

Eligibility test for relationship: For an EB-1C visa requirements to facilitate the transfer of a qualified employee from a foreign to a U.S. employer, a relationship between the two employers is mandatory. This could be a parent-subsidiary or affiliate relationship. This relationship should be established at the time of filing the EB-1C visa petition. It’s also important to note that the U.S. employer, who is the visa applicant, cannot be a sole proprietor.
Employment duration requirement: The employee, who is the intended recipient of the EB-1C visa, must have been employed with the foreign company for a minimum of one year continuously within the three years prior to the visa petition. This rule is applicable irrespective of whether the employee is currently employed with a U.S. or foreign company.
Job role requirement: There are specific requirements related to the job role the employee held with the foreign employer. Generally, the employee should have been primarily in a managerial or executive role. A front-line managerial role typically does not qualify. Instead, the employee should have been an executive with significant discretionary authority, managed professionals (employees with at least undergraduate degrees), or been a functional manager, overseeing a crucial function, department, or segment of the company, with discretion over operations.
Full-time employment offer: Besides the requirement of the employee having held an executive or managerial role with the foreign employer, EB-1C applicants also need to demonstrate that the employee has a full-time job offer from the U.S. company in an executive or managerial role.
U.S. company operational requirement: Lastly, the U.S. company applying for the EB-1C visa must have been actively operating in the U.S. for a minimum of one year prior to the visa petition.
EB 1C visa Requirements
Allows adjustment of status, suitable in a managerial or executive capacity.

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Various Categories of the Visa EB-1C

The ‘EB-1’ visa category encompasses various types of visas. Each of these types has distinct requirements and responsibilities for applicants. Apart from the EB-1C, other possible alternatives are the EB-1A or the EB-1B visas. Book a free consultation

EB-1A: Exceptional Skills

The EB-1A visa is a work visa intended for eligible candidates who possess exceptional skills in particular areas, such as arts, sciences, sports, education, or business. Merely stating that they possess exceptional talents or skills is not sufficient for an applicant; they must demonstrate proof of national or international recognition, like being a recipient of a Pulitzer, Oscar, or Olympic medal. Alternatively, applicants can present concrete proof that they fulfill at least three out of ten criteria set by the USCIS.

While the hiring firm in the U.S. is the petitioner for employees under the EB-1C category, individuals applying for EB-1A visas can petition on their own behalf. Although they are required to continue working in their area of exceptional skills or abilities, they are not obligated to present a job offer from a U.S. employer or furnish proof of a Labor Certificate.

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EB-1B: Exceptional Professors and Scholars

Candidates applying for visas in the EB-1B category need to demonstrate that they have received international recognition for their research work. Alternatively, they should provide evidence of being acknowledged for exceptional accomplishments in their academic disciplines. Eligible professors and scholars must possess a minimum of three years of experience in teaching or research in their respective fields. Furthermore, they should intend to come to the U.S. for a tenured professorship, a tenure-track position, or a similar research role at a university, another higher education establishment, or a private employer.

Similar to EB-1C visa applicants, those applying for EB-1B visas need to demonstrate that they have a job offer from a potential U.S. employer. If the employer is a private entity, it must have a minimum of three full-time researchers on its payroll and must provide evidence of achievements.

Whether applying through the EB-1A or EB-1B routes, applicants have the option to choose premium processing, which reduces the waiting period for a priority date to a mere 15 days. Book a free consultation

Alternatives for New Businesses

The EB-1B visa class, designed for exceptional professors and researchers, probably isn’t a viable choice for entrepreneurs or emerging businesses. As mentioned earlier, the EB-1C visa stipulates that the applicant’s U.S. firm must have been operational for a minimum of one year before filing the petition and must have some connection to the overseas company.

An EB-1A visa could be a viable choice for startup firms or entrepreneurs looking to set up new ventures in the U.S. An individual applying for an EB-1A visa must show exceptional skills in their respective fields, which can be a challenging requirement to fulfill. However, even without a national or international accolade, you can still secure EB-1A status by demonstrating exceptional ability by meeting a mix of other specific criteria. This could involve winning awards or prizes for excellence, publishing academic articles, being a member of associations that require achievement for membership, and being featured in published articles about your work, among others.

Should you fulfill these prerequisites and show that your intention is to advance or maintain your work in your field of exceptional skill in the U.S., you might be eligible for an EB-1 visa. Your immigration lawyer can assist you in assessing all possible alternatives and balancing the advantages and factors of each.

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Transitioning from L1A Visa to Green Card: A Guide

Both EB-1C visas and L-1 visas are designed for managerial and executive-level employees. The L-1 visa is a non-immigrant visa with a set duration, while the EB-1C provides permanent residency, also referred to as a Green Card. Although it’s possible to directly apply for an EB-1C visa, most applicants initially obtain an L-1A visa and subsequently transition to an EB-1C visa. The L-1 Visa facilitates the relocation of an employee from a foreign branch to the U.S. branch of the same company. It also allows for the establishment of a new U.S. office and the transfer of oneself or a colleague to manage the new branch.

In order to secure an EB-1C visa, it is mandatory to have worked outside the United States for a minimum of one year within the three years prior to your entry into the United States on an L-1A visa.

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Eligibility Requirements for the EB-1C Green Card

Employment with a Qualifying Organization

Must have been employed for at least one year in the past three years by a qualifying organization outside the U.S.
The qualifying organization must be a parent, subsidiary, affiliate, or branch of the U.S. employer.

Executive or Managerial Role

Must be seeking to enter the U.S. to continue working in an executive or managerial capacity.
The position must involve the direction of the organization or a major component of it.

Transfer to a U.S. Branch, Subsidiary, or Affiliate

Must be coming to the U.S. to work for a branch, subsidiary, or affiliate of the same employer or a related entity.

Benefits of the EB-1C Green Card

A priority date is current, meaning there is no waiting period for visa availability.
No labor certification is required, which expedites the application process.
Spouses and unmarried children under 21 can also obtain green cards as derivative beneficiaries.
Permanent residency provides the freedom to live and work in the U.S. indefinitely.
Eligibility for certain government benefits and protections.

Application Process for the EB-1C Green Card

Form I-140, Immigrant Petition for Alien Worker

The employer must file this form on behalf of the foreign executive or manager.
The form requires documentation of the employer-employee relationship and evidence of the executive or managerial role.

Form I-485, Application to Register Permanent Residence or Adjust Status

Once Form I-140 is approved, the foreign executive or manager can file this form to adjust their status to that of a permanent resident.
The form requires biographic information, supporting documents, and payment of fees.

Consular Processing

If the foreign executive or manager is outside the U.S., they may go through consular processing to obtain an immigrant visa.
This involves attending an interview at a U.S. embassy or consulate and providing the necessary documentation.

Conclusion

The EB-1C Green Card provides a pathway to permanent residency in the U.S. for multinational executives and managers. By meeting the eligibility requirements and going through the application process, foreign executives and managers can enjoy the benefits of permanent residency and the opportunities it brings.

HOW WE HELP CLIENTS

Global Immigration Partners PLLC, is a specialized immigration law firm. A substantial part of our practice focuses on assisting business owners and investors with E1, E2, L1 and EB-5 visas.Through our international presence we have specialist knowledge of the specific procedures in multiple embassies and consulates around-the-world.

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