For more information:

Employment-Based Immigration: First Preference EB-1 | USCIS

Overview:

  1. What is the EB-1C visa?
  2. What are the benefits of an EB-1C visa?
  3. What are the requirements to get an EB-1C visa?
  4. What documents are needed to apply for an EB-1C visa?
  5. What is the process for applying for an EB-1C visa?

1. What is the EB-1C visa?

The EB-1C visa is for multinational managers and executives. A foreign firm may transfer a manager or executive linked to a U.S. company using the EB-1C visa. The U.S. firm does not need to get a valid Labor Certification and they must have been in operation for at least a year. The U.S. corporation may only make employment offers to overseas workers to hire them.

2. What are the benefits of the EB-1C visa?

  • You do not need a labor certification.
  • The EB-1C visa is an immigration visa so you are eligible to apply for a U.S. green card, which allows your spouse and any unmarried children under the age of 21 to live there legally.
  • You and your family have access to American education.
  • You can enter and exit the U.S. with a green card.
  • You are authorized to work in the U.S. in any legal capacity.

3. What are the requirements to get an EB-1C visa?

To get an EB-1C visa, there are 5 main requirements:

  • There must be a qualifying relationship between the foreign company and the U.S. company.
    • Parent/Subsidiary
    • Branch Office
    • Affiliate
    • Parent/Subsidiary
  • Before submitting the EB-1C visa petition, the recipient of the visa must have worked for the foreign employer for at least one continuous year over the previous 3 years.
  • The EB-1C visa beneficiary must have worked for the foreign company in a managerial or executive capacity. 2 types of managers qualify for an EB-1C visa:
    • Personnel Managers
    • Function Managers
  • The EB-1C visa beneficiary must have a full-time job offer to work for the U.S. company in a managerial or executive capacity.
  • The U.S. company must have been doing business for at least 1 year before filing the EB-1C petition.

4. What documents are needed to apply for an EB-1C visa?

The supporting documentation you include with your EB-1C petition is very important. Your specific circumstance will determine what documents you must provide. I strongly advise you to consult with an immigration attorney. Here is a general list of some of the documents you should expect to include:

  • Authenticated declarations detailing the qualifying connection between the foreign and U.S. companies, signed by authorized representatives of each.
  • Tax returns for both foreign and U.S. companies.
  • Stock ownership records of both the U.S. company and foreign company.
  • Articles of incorporation of both the U.S. company and foreign company.
  • Both the U.S. company and foreign company’s bylaws.
  • You must provide the U.S. company’s business license, the lease for the business office, state, and federal tax records, W-2 for workers, business brochures, and other marketing materials to demonstrate that the firm has been in operation for a full year.
  • Detailed organizational diagrams for both foreign and U.S. companies.
  • Signed documents outlining the job description, daily responsibilities, and percentages of time spent on each activity for the foreign employee from both the U.S. corporation and the foreign employer.

5. What is the process for applying for an EB-1C visa?

The process of applying for an EB-1C visa are:

Step 1: Hire an immigration attorney.

Your immigration attorney will evaluate your situation and give you a strategy for moving forward. A list of paperwork required will be given to you by your immigration attorney. It will be your responsibility to gather and provide these papers to them.

Step 2: Filing Form I-140

This is also known as the Immigrant Petition for Alien Workers, Form I-140. This is the first form your immigration attorney will submit on your behalf. Alongside this form, your immigration attorney will also submit all necessary supporting documentation.

Application Form I-140, Immigration Petition for Alien Workers:

Form I-140, Immigrant Petition for Alien Workers (uscis.gov)

Step 3: Adjustment of Status or Visa Processing

The beneficiary of an EB-1C visa’s specific situation will determine the next course of action. There are two different ways to move forward:

  • Adjustment of Status
  • Visa Processing

The term “status adjustment” refers to changing from a non-immigrant to an immigrant status.