EB-1C immigrant visa classification is for certain multinational mangers or executives who have a permanent job offer from an affiliated U.S. employer doing business for at least a year. New business is not qualified for EB-1C petition. The EB-1C petition shall be submitted by a U.S. qualified employer. No labor certification is required.
EB-1C Green Card Eligibility
The U.S. employer must:
- Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and
- Have been doing business in the U.S. for at least 1 year as a legal entity.
- Intend to employ the multinational mangers or executives in a permanent managerial or executive capacity.
The multinational mangers or executives must:
- Have been employed by the affiliated foreign company for at least 1 year in the 3 years preceding the petition or the most recent lawful nonimmigrant admission if already working for the U.S. petitioning employer.
- Take a managerial or executive position in the U.S. company.
Managerial capacity means:
- Manage the organization, department, subdivision, function, or component of the organization.
- Supervise and controls the work of other supervisory, professional, or managerial employees.
- Possess authority to hire and fire or recommend those and other personnel actions (such as promotion and leave authorization) for employees directly supervised.
- Exercise discretion over the day-to-day operations of the activity or function for which the employee has authority.
Executive capacity means:
- Direct the management of the organization or a major component or function of the organization.
- Establish the goals and policies of the organization, component, or function.
- Exercise wide latitude in discretionary decision making.
- Receive only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization.
Family Dependents’ Green Card
Spouse and unmarried children under the age of 21 may be eligible for green card application with the EB-1C multinational mangers or executives. They will file separate Form I-485 in the U.S. or immigrant visa application abroad.
How to Apply?
- The U.S. employer files Form I-140 with documentary evidence (including evidence of “ability to pay the offered wage”) with USCIS. Form I-485 Adjustment of Status can be filed concurrently with Form I-140 provided that the multinational mangers or executives is in the U.S. and an immigrant visa is available.
- If the multinational mangers or executives is abroad, a consular processing is required for the application of an immigrant visa.
- The National Visa Center will review and send the immigrant visa application to the designated U.S. consulate abroad, where hosts the visa interview.
- An immigrant visa will be issued for the entry to the U.S. as a permanent resident.
