EB-1C Multinational Executives and Managers
What is the EB-1C
The EB-1C visa is designed for multinational executives and managers who have been employed in a managerial or executive capacity for at least one year by a firm or corporation and are being transferred to the U.S. to continue their work with the same employer, an affiliate, or a subsidiary.
Benefits of the EB-1C Visa
The EB-1C Visa offers numerous benefits for beneficiaries, including:
- No Labor Certification: One of the most notable advantages of the EB-1C visa is that it does not require a labor certification. This means that applicants do not need to go through the lengthy and often complicated process of proving that there are no qualified U.S. workers available for the position.
- Premium processing: Applicants can expedite the processing of their visa petitions for an additional fee. With premium processing, applicants can receive a response from USCIS within 45 calendar days.
- Path to Citizenship: EB-1C Green Card holders can apply for U.S. citizenship after five years.
Eligibility Criteria for the EB-1C
To qualify for the EB-1C visa, applicants must:
- Have been employed outside the U.S. for at least one year in the three years preceding the application.
- Be seeking to enter the U.S. to continue service with the same employer, affiliate, or subsidiary.
- Have been employed in a managerial or executive capacity.
Job Offer Requirements
Applicants must have a job offer from a U.S. employer that has been doing business for at least one year and has a qualifying relationship with the applicant’s foreign employer.
Visa Bulletin
The Visa Bulletin is a monthly publication issued by the U.S. Department of State that provides critical information regarding the availability of immigrant visas (green cards) for various categories of applicants. It outlines the Final Action Dates and Dates for Filing, which help applicants understand when they can proceed with their green card applications based on their priority dates.
The priority date is established when the U.S. citizen files Form I-140, Immigrant Petition for Alien Workers. This date serves as the applicant’s place in the visa queue, which is essential because the number of visas available in this category is limited.
The Final Action Date indicates when an immigrant visa number is available for issuance. If an applicant’s priority date is earlier than the Final Action Date listed for the Employment 1st category, they are eligible to receive their green card that month.
Conversely, the Dates for Filing chart specifies the earliest dates when applicants can submit their green card applications, even if their priority date is not yet current according to the Final Action Date. This allows applicants to prepare and file their applications in advance, which can help expedite the process once their priority date becomes current.
This process can often involve significant waiting periods, depending on the demand for visas in the Employment 1st category and the applicant’s country of origin.
Validity Period
The Green Card is typically issued as a permanent resident card, the card itself is valid for 10 years from the date of issuance.
What We Do
- Provide assistance in preparing and filing Form I-140 on behalf of a company.
- Review applications to identify potential concerns that may affect the outcome of the application
- Provide assistance to EB-1C Visa holders apply with the National Visa Center or Form I-485 Adjustment of Status.
The Employment EB-1C Visa is an essential pathway for managers or executives of multinational entities to obtain permanent residency in the United States.
Why Choose Us?
- Expert Guidance: Our knowledgeable attorneys will walk you through the entire process, answering any questions you may have along the way.
- Tailored Support: We take the time to understand your specific circumstances and provide solutions that fit your needs.
- Peace of Mind: With our support, you can feel confident that your application is in good hands.
Ready to take the next step towards securing your EB-1C Employment-Based Green Card? Contact our law firm today to schedule a consultation with one of our experienced immigration attorneys.
Application Process for the Employment EB-1C
Step 1 | Filing Form I-140, Immigrant Petition for Alien Workers Form I-140, Immigrant Petition for Alien Worker may be filed by the beneficiary or by a U.S. Company with U.S. Citizenship and Immigration Services (USCIS). |
Step 2 | Waiting for Priority Date After USCIS approves Form I-140 petition, the applicant must wait for their priority date to become current. The priority date is the date the petition was filed, and visas are issued based on this date. The Department of State’s Visa Bulletin provides monthly updates on visa availability. |
Step 3 | Consular Processing or Adjustment of Status Consular Processing (Outside the U.S.)
Adjustment of Status (Within the U.S.)
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Frequently Asked Questions
EB-1C
- What is considered a "managerial" or "executive" role?
- Managerial Capacity: Involves managing a department, function, or component of the company; supervising other employees; and having the authority to make decisions on behalf of the company.
- Executive Capacity: Involves directing the management of the company or a major function or component, establishing goals and policies, and having wide latitude in decision-making.
- Does the EB-1C category require a labor certification?
No, the EB-1C category does not require a labor certification. This means that you do not need to go through the process of proving that there are no qualified U.S. workers available for the position, which can simplify and speed up the process.
- Can I self-petition for an EB-1C Green Card?
No, you cannot self-petition for an EB-1C Green Card. Your U.S. employer must file Form I-140, Petition for Alien Worker, on your behalf.
- How long does it take to get an EB-1C Green Card?
Processing times can vary, but the EB-1C category generally has shorter wait times compared to other employment-based Green Card categories. The overall time will depend on the USCIS processing times and whether you are applying from inside or outside the U.S.
- Can my family members come with me if I get an EB-1C Green Card?
Yes, your spouse and unmarried children under 21 years old can apply for Green Cards as your dependents. They can either adjust status in the U.S. or go through consular processing if they are outside the U.S.
- What happens if my EB-1C petition is denied?
If your EB-1C petition is denied, USCIS will provide a written explanation of the reasons. Depending on the circumstances, you may be able to appeal the decision or file a motion to reopen or reconsider the case.
- Can I change employers after I receive my EB-1C Green Card?
Yes, once you receive your Green Card, you are not required to stay with the employer who sponsored you indefinitely. However, it’s generally advisable to remain with the employer for a reasonable period to avoid any issues with intent, as the original job offer was part of your Green Card approval.
- Can I apply for U.S. citizenship after obtaining an EB-1C Green Card?
Yes, after holding your Green Card for five years (or three years if married to a U.S. citizen), you may be eligible to apply for U.S. citizenship through the naturalization process.
