Navigating the EB-1C Visa: A Guide for Multinational Executives and Managers

What is an EB-1C visa?

EB-1C visa is a type of employment-based immigrant visa in the United States. It is designed for multinational executives and managers who are transferring to a U.S. office of their current employer or for those who intend to come to the U.S. to work for a qualifying multinational company.

Here are some key features of the EB-1C visa:

• Multinational Executive or Manager: To qualify for an EB-1C visa, the applicant must be an executive or manager who has been employed abroad for at least one of the three years preceding the visa application by a qualifying multinational company. The company must have a qualifying relationship with the U.S. entity where the applicant will work.
• Qualifying Relationship: There must be a qualifying relationship between the foreign company and the U.S. company. Generally, this means that the U.S. company must be a subsidiary, affiliate, or branch of the foreign company, and both companies must engage in regular, continuous, and systematic business operations.
• Permanent Employment: The applicant must be coming to the United States to work in a managerial or executive capacity for the U.S. company on a permanent basis.
• Priority Worker Category: The EB-1C visa is part of the EB-1 preference category, which is reserved for priority workers. This means that applicants in this category do not typically need to go through the labor certification process, which is a time-consuming and complex part of many other employment-based visa applications.
• Green Card Eligibility: Successful EB-1C visa applicants are eligible to apply for a U.S. green card (permanent residency). This can lead to permanent residency for the applicant and their immediate family members.

Who is eligible for an EB-1C visa?

Eligibility for an EB-1C visa is based on specific criteria. To qualify for an EB-1C visa, the applicant must meet the following requirements:

• Multinational Executive or Manager: The applicant must be an executive or manager. Specifically, they must have been employed abroad for at least one of the three years immediately preceding the visa application by a qualifying multinational company.
• Qualifying Relationship: There must be a qualifying relationship between the foreign company (where the applicant is currently employed) and the U.S. company (where the applicant intends to work). The U.S. company must be a subsidiary, affiliate, or branch of the foreign company, and both companies must engage in regular, continuous, and systematic business operations.
• Managerial or Executive Role: The applicant must be coming to the United States to work in a managerial or executive capacity for the U.S. company. This means they should have significant decision-making authority and play a vital role in the company’s management or oversee a substantial part of its operations.
• Permanent Employment: The applicant must be seeking to enter the United States to work for the U.S. company in a managerial or executive capacity on a permanent basis. This generally means that the employment should be intended as a long-term commitment, and the applicant is not coming to the U.S. for a temporary assignment.
• Priority Worker Category: The EB-1C visa falls under the EB-1 preference category, which is reserved for priority workers. This category is typically not subject to the labor certification process, making the application process more straightforward compared to some other employment-based visa categories.
• Evidence of Qualifications: The applicant must provide evidence to demonstrate that they meet the eligibility criteria, including documents related to their employment history, the relationship between the foreign and U.S. companies, and their role as a manager or executive.

How to apply for an EB-1C visa?

Applying for an EB-1C visa involves several steps and requires careful documentation to meet the eligibility criteria. Please note that immigration procedures may change, so it’s essential to consult the U.S. Citizenship and Immigration Services (USCIS) website or an immigration attorney for the most up-to-date information:

• Confirm Eligibility: Ensure that you meet the eligibility criteria for the EB-1C visa as a multinational executive or manager, and that your U.S. employer has the necessary qualifying relationship with your foreign employer.
• Employer’s Role: Your U.S. employer plays a significant role in the application process. They must initiate the process by filing an Immigrant Petition for Alien Worker, Form I-140, on your behalf. This form should be filed with the appropriate USCIS Service Center.
• Evidence and Documentation: Prepare a comprehensive package of evidence and documentation to support your petition. This should include:
  • Proof of your qualifying relationship with the foreign employer and the U.S. employer.
  • Detailed information about your job, including your managerial or executive duties.
  • Your employment history, demonstrating that you have worked for the foreign employer in a qualifying capacity for at least one of the three years preceding the application.
  • Information about the U.S. company’s operations and the need for your role.
  • Any other supporting documents requested by USCIS.
• Form I-140 Filing: Your U.S. employer should submit Form I-140 along with the required filing fee and supporting documents to the appropriate USCIS Service Center. USCIS will review the petition and make a decision on its approval.
• Adjustment of Status (If Inside the U.S.): If you are already in the United States in a legal status, you may be eligible to apply for adjustment of status to become a permanent resident after the I-140 petition is approved. If you are outside the U.S., you will need to go through consular processing at a U.S. embassy or consulate.
• Visa Bulletin and Priority Date: Check the Visa Bulletin to ensure that visa numbers are available for your priority date (the date USCIS receives your Form I-140). If a visa number is available, you can proceed with either the adjustment of status or consular processing.
• Attend an Interview (if required): Depending on your specific circumstances and USCIS policies at the time, you may be required to attend an interview at a USCIS office or U.S. consulate.
• Biometrics and Medical Examination: You may be required to complete biometrics (fingerprints and photographs) and a medical examination as part of the visa application process.
• Visa Issuance: If your application is approved, you will receive an immigrant visa or adjustment of status, granting you lawful permanent resident status in the United States.