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.
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
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.
EB-1B: Exceptional Professors and ScholarsCandidates 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
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.
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.
Form I-140, Immigrant Petition for Alien WorkerThe 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.
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.
