The EB-1C visa is an employment-based visa under first preference that allows multinational managers and executives to enter the United States. Under EB-1C status, an individual can work for a domestic company that requires their level of talent and expertise. EB-1C visas are ideal for foreign organizations that wish to expand into the U.S. as they allow smaller companies to transfer top talent to the United States with the intent of permanent residency. The potential U.S. employer is required to file a petition for an EB-1C on the applicant’s behalf.
C-level executives and managers are permitted to enter the United States under EB-1C status, making it easier for individuals to help grow their organization abroad. The EB-1C visa encourages investment and expansion of foreign companies in the U.S., making it unique for highly qualified and experienced business professionals. The application requirements differ for employees and their potential employers, and both must satisfy the requirements in order for the employee to be granted an EB-1C visa.
Employee Requirements For The EB-1C Visa
Managers and executives that wish to apply for the EB-1C visa should be able to compile evidence that they currently manage a department, oversee daily operations, and make personnel decisions in their organization. Due to the nature of the EB-1C visa application requirements, managers and executives of smaller companies may have a harder time getting their application approved.
To apply for the EB-1C visa, you must have worked in a foreign country for a minimum of 1 year within the 3 years preceding the application. Your U.S. employer must file the petition on your behalf as self-petition is not permissible for EB-1B visa applicants. There is a specific set of requirements established by the USCIS that your application must prove with proper evidence. The supporting documentation will satisfy the managerial requirement if it proves the following:
- Evidence of direct involvement in managing daily activities and operations
- Evidence that you currently oversee a department or similar component
- Evidence of authorization to make personnel decisions
- Evidence that you monitor the work of other managers
- Evidence that you manage a critical department or subdivision of an organization
Employer Requirements For The EB-1C Visa
In order for an applicant to be eligible for the EB-1C visa, their potential employer must file Form I-140, Immigrant Petition For Alien Workers, on the behalf of the beneficiary. The U.S. employer must meet a list of requirements set forth by the USCIS, including providing evidence of intent to employ the applicant in a managerial or executive position. For the EB-1C visa classification, an offer of employment is required by the potential employer but a labor certification is not. The petitioning employer must provide an annual wage, tax return, or other documents to demonstrate a continuing ability to pay compensation and wages to the beneficiary.
The USCIS requires any petitioning employer to have been conducting business in the U.S. for a minimum of 1 year as a legal entity with a “qualifying relationship” to the foreign company that employed the applicant. This means an employee that wishes to work in the U.S. under an EB-1C visa must have been employed by a subsidiary, parent company, affiliate, or branch of the U.S. employer. The petitioner is also required to conduct business in both the United States and other foreign nations.
EB-1C visas generally take about 8 months to process, and the USCIS has the right to approve or deny any application. Once the application has been approved by the USCIS, it can take up to 6 months for the U.S. government to issue permanent residency status. For an EB-1C visa holder to be eligible for a green card, they must be in compliance with L1-A visa requirements and guidelines.
Speak With The Law Office Of Kermit A. Monge, PLLC
If you are a manager or executive of a foreign organization and want to work for a U.S. employer under a first preference visa, reach out to the Law Offices of Kermit A. Monge, PLLC. Our team of immigration attorneys will assist you and your petitioner throughout the EB-1C visa application process to ensure all necessary documentation is included. For more information about the EB-1C visa program or to start your application, call the Law Offices of Kermit A. Monge, PLLC at 571.559.7229 or request a consultation online today.