Mark I. Davies, Esq., J.D., University of Pennsylvania Law School, licensed by the SRA (SRA ID: 384468) in the UK, and a member of The Law Society of England & Wales, MBA, Wharton School of Business. Top 10 Investment Visa Lawyer. Licensed in the USA. Georgia State Bar member. AILA member.
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What is EB-1C Visa?
Premium Processing for EB-1C
New in 2023. EB-1C is now available
with Premium Processing
EB-1C for multinational managers and executives enables beneficiaries to obtain Permanent Residency in the United States (a "Green Card"). An EB-1C application is initiated by a qualifying employer filing a Petition using Form I-140.New in 2023. EB-1C is now available
with Premium Processing
What Is the EB-1C Visa?
The EB-1C is a U.S. employment-based first-preference (EB-1) immigrant visa category for multinational managers and executives. Yes, an EB-1C is a Green Card — it leads directly to lawful permanent residence in the United States. The category is one of three EB-1 sub-categories alongside EB-1A (extraordinary ability) and EB-1B (outstanding professors and researchers).In one sentence: EB-1C lets a U.S. employer sponsor a qualifying manager or executive from one of its foreign offices for a U.S. Green Card, without going through PERM Labor Certification.
EB-1A vs. EB-1B vs. EB-1C — What is the Difference?
| Category | Who It Is For | Self-Petition? | Labor Certification? |
|---|---|---|---|
| EB-1A | Individuals with extraordinary ability in the sciences, arts, education, business, or athletics. | Yes | No |
| EB-1B | Outstanding professors and researchers with at least three years of experience and international recognition. | No (employer must petition) | No |
| EB-1C | Multinational managers and executives transferred to a U.S. parent, subsidiary, affiliate, or branch. | No (employer must petition) | No |
Current EB-1C Priority Date (June 2026 Visa Bulletin)
EB-1C India priority date: December 15, 2022 (retrogressed) · EB-1 China: April 1, 2023 · All other countries: current.
For full details, including monthly updates: read the EB-1C Priority Dates and India Retrogression section →
Verified against the State Department Visa Bulletin on 15 May 2026. The Visa Bulletin is published monthly — check the latest bulletin before relying on these dates.
| EB-1C Visa | EB-1C Adjustment of Status (“AOS”) | |
|---|---|---|
| Summary | A qualified employee located outside the United States can obtain an EB-1C-based visa and come to the U.S. as an intending immigrant. | Qualified employees already in the United States. Most non-immigrant visa holders can “Adjust Status” to a “Green Card” using EB-1C. |
| Consular Interview | Consular Interview is required. | Consular Interview is avoided. |
USCIS Announces EB-1C Premium Processing!
The first step in any EB-1C application involves the U.S. employer filing Form I-140.In early 2023, USCIS announced the availability of premium processing for EB-1C petitions. By paying an additional fee, EB-1C applicants are now able to obtain EB-1C I-140 premium processing. With EB-1C I-140 Premium Processing, an I-140 approval can be received within a few weeks of filing.
Without EB-1C Premium Processing, I-140 approval times can exceed a year. Current I-140 processing times are available on the USCIS website.
Benefits of Benefits of an EB-1C Green Card
There are several reasons to consider obtaining an EB-1C Green Card.
- No large minimum investment. EB-1C is not an investment visa and does not require any investment.
- No Labor Certification Requirement or PERM. Unlike EB-2 and EB-3, there is no requirement to prove that the employer was unable to hire a U.S. worker. The PERM process is complex and time consuming.
- No job creation requirements. Unlike EB-5, there are no requirements that any jobs be created.
- Family members can be included. An EB-1C employee is able to obtain a Green Card for their derivative family members. Derivative family members include a spouse and children under the age of 21.
- Simple process for workers. An immigrant using the EB-1C visa faces a very simple process. The applicant employer, not the employee, must compile and submit the required documentation and pay the necessary filing fees.
- Unconditional status: Unlike EB-5, an EB-1C-based Green Card has no period of Conditional Residency. EB-1C is a simple one-step process with no additional filings and documentation required. Once Permanent Residency is established under EB-1C, the Green Card is unconditional.
What Are the Rules for EB-1C:
The EB-1C Green Card Requirements
There are a number of requirements that need to be met to qualify for an EB-1C Green Card.
Compliance with each EB-1C requirement needs to be carefully documented with applicable evidence.
| Who Qualifies for EB-1C? | EB-1C Multinational Manager Visa Requirement | EB-1C Documentation Required** |
|---|---|---|
| Requirements for the EB-1C Employee | The EB-1C Three Year Rule: Must have worked for the foreign company for at least one (1) year continuously in the three (3) years prior to filing. | Payroll records. |
| Must have worked primarily in a managerial or executive capacity. | Organizational diagrams. Job descriptions for employees. Educational documentation and diplomas. | |
| Must be seeking to work in the United States in a managerial or executive capacity with the same employer, or an affiliate or subsidiary of that employer. | U.S. job description. Letter from Human Resources. | |
| Requirements for the EB-1C U.S. Employer | Must be related to the foreign employer as a subsidiary/parent, affiliate, or branch:
|
Corporate ownership documentation. Shareholder registers. |
| There is no requirement that the U.S. and non-U.S. businesses be in the same industry. The U.S. and non-U.S. businesses must have “common control”. | ||
| Must conduct business within the United States. This means “the regular, systematic, and continuous provision of goods and/or services by a firm, corporation, or other entity and does not include the mere presence of an agent or office.” | Tax returns. Invoicing records. Brochures. Photographs of business. Commercial contracts, invoices, and shipping documentation. |
|
| Must have been operational in the United States for at least one year prior to the I-140 being filed. | Corporate formation documents. Tax returns. |
Your immigration lawyer can help you understand whether the documentation meets the minimum requirements. She or he can also help prepare and submit your documentation with the petition for the EB-1C visa using Form I-140.
VIBE Registration and Verification
USCIS and the U.S. State Department verify U.S. employers by searching the VIBE database. You need to ensure that the U.S. employer is registered with VIBE.
Read Our
How to Get an EB-1C Visa: The Application Process
If you are reaching this page from an L-1A case, see our full guide on the L-1 visa to green card process, including timelines, adjustment of status, and alternatives for L-1B holders.
There are two options for obtaining a Green Card using EB-1C:
- Adjustment of Status
- Consular Processing
| Step | EB-1C Qualification Stage | Details |
|---|---|---|
| Step 1 | EB-1C Qualified Job. | The EB-1C process starts when the beneficiary secures a qualified job from a qualified U.S. employer. |
| Step 2 | I-140 Filing. | The next step is the same for both options. The employer files an I-140. |
| Step 3 | What Happens After I-140 Approval? | What happens after the I-140 approval in EB-1C varies. |
| Step 3(a) | Applications from Inside the U.S. (“Adjustment of Status”) |
|
| Step 3(b) | Applications from Outside the U.S. (“Consular Processing”) |
|
EB-1C Processing Time: How Long Does an EB-1C Visa Take?
The total EB-1C processing time depends on three separate stages: I-140 adjudication, the priority date wait (for India and China only), and either I-485 Adjustment of Status or consular processing. For applicants outside the India and China backlogs, the entire EB-1C process can typically be completed in 6 to 18 months with Premium Processing.
EB-1C I-140 Processing Time
Form I-140 is the immigrant petition the U.S. employer files with USCIS to start the EB-1C process.
- With Premium Processing: USCIS issues a decision (approval, denial, RFE, or NOID) on the I-140 within 45 business days after USCIS receives the upgrade request and the Premium Processing fee. EB-1C and EB-2 NIW use the 45-business-day window; most other I-140 categories use a 15-business-day window.
- Without Premium Processing: currently several months to over a year, depending on the USCIS service center and case volume. Recent USCIS data shows EB-1C I-140 adjudication of 80% of cases ranging from approximately 2.5 to 25.5 months.
The possible outcomes after I-140 adjudication are approval, Request for Evidence ("RFE"), Notice of Intent to Deny ("NOID"), or denial. RFEs and NOIDs can add many months to the timeline. Working with experienced EB-1C immigration attorneys to prepare a thorough initial filing is the single most important way to avoid an RFE.
Current USCIS I-140 processing times are published here.
EB-1C Premium Processing Time
Since 2023, USCIS has accepted Premium Processing requests for EB-1C Form I-140 petitions. For an additional fee (currently U.S. $2,965 for I-140, effective March 1, 2026), USCIS commits to issuing a decision — approval, denial, RFE, or NOID — within 45 business days. EB-1C and EB-2 NIW use the longer 45-business-day Premium Processing window; most other I-140 categories use the standard 15-business-day window. Premium Processing accelerates the I-140 stage only; it does not speed up the priority date wait or the I-485 adjudication. The most current fee is available on the USCIS Fee Calculator.
EB-1C I-485 Processing Time (Adjustment of Status)
If the beneficiary is in the United States and their priority date is current, the U.S. employer files Form I-140 and the beneficiary files Form I-485 to adjust to lawful permanent resident status. I-485 processing typically takes several months to a year or more depending on the field office. The beneficiary may receive interim work authorization (EAD) and travel permission (Advance Parole) while the I-485 is pending.
EB-1C Concurrent Filing Processing Time
When the priority date is current at the time of filing, the I-140 and I-485 can be filed concurrently. Concurrent filing does not reduce the I-140 adjudication time, but it allows the beneficiary to obtain EAD and Advance Parole while the case is pending, and the I-485 begins its own processing queue immediately rather than waiting for I-140 approval.
EB-1C Consular Processing Time
If the beneficiary is outside the United States, immigrant visa issuance is handled by a U.S. consulate after the I-140 is approved and the priority date is current. Consular processing typically takes a few months from priority date currency to the visa interview, depending on the specific consulate's workload.
EB-1C Processing Time for India
For India-born applicants, the published USCIS I-140 and I-485 processing times do not reflect the full waiting period. The decisive factor is whether the priority date is current under the latest Visa Bulletin (see the priority date section above). As of the June 2026 Visa Bulletin, EB-1 India has retrogressed to December 15, 2022, meaning India-born applicants with priority dates after that cutoff cannot complete their case regardless of how quickly USCIS adjudicates.
EB-1C Approval Rate
USCIS does not publish a single official EB-1C approval rate, but its quarterly performance data for Form I-140 includes EB-1 statistics. Historically, EB-1 (which includes EB-1A, EB-1B, and EB-1C combined) has had an approval rate in the range of roughly 70–80% across recent fiscal years, with the figure varying year to year and by category.
EB-1C specifically has historically been the most heavily scrutinized of the three EB-1 sub-categories. Common reasons for EB-1C denials include:
- Inadequate documentation of the qualifying corporate relationship between the U.S. and foreign entities.
- The beneficiary not functioning in a genuinely managerial or executive capacity (i.e. performing too much hands-on operational work).
- Insufficient evidence of the U.S. business having been operational for at least one year.
- Failure to demonstrate the U.S. employer's "ability to pay" the offered salary.
- Weak documentation of the beneficiary's one year of qualifying employment abroad.
A well-prepared EB-1C petition, with a clear organizational chart, full corporate documentation, detailed job descriptions, and complete payroll records, dramatically improves the likelihood of approval. Speak with our EB-1C attorneys for a candid assessment of your case before filing.
How Much Does EB-1C Cost?
There are several costs to EB-1C:
- Corporate Documentation. Certificate of Good Standing, Board Resolutions, and other corporate documentation. Corporate lawyers charge by the hour. Cost will vary by client.
- Business Plan. If a business plan is required, costs are likely to be USD 2,000 to USD 4,000.
- EB-1C Immigration Lawyer Fees. Immigration lawyers will charge a fee for guiding you through the EB-1C process and completing the necessary forms.
- Miscellaneous Fees. You can expect to pay approximately USD 1,000 in copying, FedEx, and other miscellaneous costs.
- USCIS Filing Fees (as of May 2026 — always confirm the current fee on the USCIS Fee Calculator before filing):
- Form I-140. U.S. $715 (plus the Asylum Program Fee: U.S. $600 for most petitioners, U.S. $300 for small employers with 25 or fewer full-time-equivalent employees, or U.S. $0 for qualifying nonprofits).
- Form I-485 (if filed in the U.S.). U.S. $1,440 (paper) or U.S. $1,375 (online filing, for eligible employment-based applicants). The U.S. $85 biometrics fee, plus EAD and Advance Parole if requested concurrently, are now bundled into the I-485 fee.
- Consular Processing Fee (if filed outside the U.S.). Refer to the U.S. Department of State Fee Schedule.
- Optional Premium Processing Fee (Form I-907). U.S. $2,965 for EB-1C, effective March 1, 2026.
EB-1C Priority Dates and India Retrogression
The EB-1C is part of the employment-based first preference (EB-1) category, which has historically been "current" for most countries. However, demand from India has caused EB-1 India to retrogress repeatedly.
What Is the Current EB-1 Priority Date for India?
The U.S. Department of State Visa Bulletin publishes EB-1 priority dates each month. As of the June 2026 Visa Bulletin:
- EB-1 India: retrogressed by approximately three and a half months to a final action date of December 15, 2022.
- EB-1 China: holds at April 1, 2023.
- EB-1 — all other countries: remain current (no waiting period for the visa number stage).
The Department of State has warned that further retrogression — or that EB-1 India may become "unavailable" — is possible before the end of fiscal year 2026 (September 30, 2026) if annual numerical limits are reached.
Why Is EB-1C India Not Moving?
EB-1 India retrogression is driven by demand: more Indian-born EB-1 petitions are being filed and approved than the country can absorb under the annual per-country cap (7% of the worldwide EB-1 allocation). Until demand eases or Congress changes the per-country limit, EB-1 India will continue to move slowly and may occasionally retrogress further.
When Will EB-1C Become Current for India?
No one can predict precisely when EB-1 India will become current — it depends on demand, USCIS adjudication rates, and the State Department's monthly number-use calculations. For India-born applicants, the practical takeaway is to file Form I-140 as early as possible to lock in a priority date. Once the I-140 is approved, the priority date is preserved even if dates retrogress, and the applicant can file Form I-485 once their date becomes current.
Indian-born EB-1C applicants who have not yet filed should not delay. China-born applicants face similar (though typically shorter) waiting periods. All other nationalities can generally proceed directly from I-140 approval to I-485 filing without a wait.
Can H-1B, L-1B, or Other Visa Holders Apply for EB-1C?
The EB-1C category is open to qualifying applicants regardless of their current non-immigrant status. Eligibility for EB-1C is determined by whether the applicant meets the EB-1C criteria — not by which non-immigrant visa they currently hold.
Can H-1B Visa Holders Apply for EB-1C?
Yes — H-1B visa holders can apply for EB-1C, provided they meet the EB-1C eligibility requirements. The most important requirement is that the applicant must have worked outside the United States for the qualifying multinational employer (or its parent, subsidiary, affiliate, or branch) in a managerial or executive capacity for at least one year in the three years preceding their U.S. transfer.
For H-1B holders who came to the U.S. directly from another country without first working abroad for the U.S. employer, the foreign-employment requirement is the main hurdle. H-1B holders who previously held an L-1A visa, or who worked managerially or executively for the same multinational group abroad before their H-1B, are typically the best fit for EB-1C.
Can L-1B Visa Holders Apply for EB-1C?
The L-1B category covers specialized-knowledge employees, not managers or executives. An L-1B holder cannot use their L-1B time alone to qualify for EB-1C — EB-1C requires a managerial or executive role on both sides of the transfer. However, an L-1B holder is not disqualified from EB-1C. If the applicant has a separate one-year period of qualifying managerial or executive work abroad (within the three years preceding their U.S. entry) and is moving into a managerial or executive role in the U.S., they can apply.
Many L-1B holders pursuing a Green Card find EB-2 or EB-3 a better fit than EB-1C.
Is EB-1C Tied to the Sponsoring Employer?
Yes. EB-1C is an employer-sponsored category — the U.S. employer files the Form I-140 and must intend to employ the beneficiary in the managerial or executive role described in the petition. Self-petitioning is not permitted under EB-1C. (Self-petitioning is only available for EB-1A, EB-2 National Interest Waiver, and EB-5.) The beneficiary gains job mobility only after the Green Card is approved and, under AC21 portability, in limited circumstances once the I-485 has been pending for 180 days or more.
L-1A, E-2, and EB-1C
Are you currently on an L-1A visa?
The L-1A-to-EB-1C transition is one of the most common ways multinational managers and executives obtain a Green Card. We have a dedicated guide that covers the full pathway in depth: L-1 visa to Green Card →
The L-1A inter-company transfer visa for managers and executives (“L-1A”) and the E-2 Investor visa (“E-2”) are both non-immigrant visas.
EB-1C has very similar criteria to L-1A. EB-1C is therefore a very common option for converting an L-1A visa to a Green Card. For a full walk-through of the L-1A-to-EB-1C process — including timelines, dual intent, AC21 portability, and what L-1B holders should consider — see our dedicated L-1 visa to Green Card guide.
A common misunderstanding is that an E-2 cannot be converted to a Green Card using EB-1C, or that it is in some way harder than with L-1A. For a qualified applicant, converting an E-2 to a Green Card is a well-established pathway and, on the EB-1C criteria themselves, no more difficult than converting an L-1A visa.
Adjusting to Permanent Residency (Green Card) from E-2 Status
One of the most persistent myths in U.S. business immigration is that an E-2 Treaty Investor visa is somehow a "dead end" — a non-immigrant status with no path to a Green Card. This is incorrect. Adjusting from E-2 to permanent residency through EB-1C is no harder than adjusting from L-1A status, provided you meet the EB-1C eligibility criteria. The process, the evidence required, and the standard USCIS applies are the same regardless of which non-immigrant visa you currently hold.
The reason this myth exists is largely historical. The E-2 visa is classified as a "non-immigrant intent" visa, meaning E-2 holders are technically expected to depart the United States when their treaty investor activities conclude. The L-1A, by contrast, allows "dual intent" — an L-1A holder can openly pursue a Green Card without jeopardizing their non-immigrant status. This difference, however, only affects how an applicant manages their existing non-immigrant status during the EB-1C process. It does not affect EB-1C eligibility itself.
Why E-2 to EB-1C Works
EB-1C is a standalone immigrant category with its own qualifying criteria. USCIS does not require that an EB-1C applicant first hold an L-1A visa, nor does it give preferential treatment to L-1A holders. The EB-1C requirements — one year of qualifying employment abroad within the three years prior to filing (or, for applicants already working in the U.S. for the petitioner, the three years prior to their U.S. entry as a non-immigrant), a qualifying corporate relationship between the U.S. and foreign entities, and a managerial or executive role on both sides of the transfer — apply identically to every applicant. (See our guide to Form I-140 for the full filing process.)
Many successful E-2 investors and executives meet these criteria comfortably. If you established and grew a qualifying business in your home country, transferred to the U.S. to operate or expand a related entity under E-2 status, and have served in a genuine managerial or executive capacity throughout, you may already qualify for EB-1C today.
The Two Routes from E-2 Status
E-2 holders have the same two options as any other EB-1C applicant:
- Adjustment of Status (Form I-485). If you are physically present in the United States in valid E-2 status, your U.S. employer files Form I-140, and once approved (and a visa number is available), you file Form I-485 to adjust to permanent resident status without leaving the country. No consular interview is required.
- Consular Processing. If you prefer — or if circumstances require — you can complete the immigrant visa stage at a U.S. consulate abroad after I-140 approval.
Managing Non-Immigrant Intent
Because the E-2 visa carries non-immigrant intent, the one practical difference compared with L-1A is timing and travel. While an EB-1C petition is pending, E-2 holders should be cautious about:
- International travel and E-2 renewals. Applying to renew an E-2 at a U.S. consulate while an I-140 or I-485 is pending can occasionally prompt questions about immigrant intent. This is manageable with proper documentation and counsel.
- Maintaining valid status. Your E-2 status should remain valid throughout the EB-1C process until your Adjustment of Status is approved or you receive your immigrant visa.
None of these considerations make the EB-1C harder to obtain — they simply require sensible planning. An experienced immigration attorney can structure your case so that your existing E-2 status and your EB-1C petition advance in parallel without conflict.
Corporate Requirements: Same Standard, Same Evidence
The qualifying corporate relationship rules under EB-1C are identical for E-2 and L-1A applicants:
- The U.S. entity must be a parent, subsidiary, affiliate, or branch of the foreign entity.
- The businesses must share common control.
- The U.S. business must have been operational for at least one year before the I-140 is filed.
- The U.S. employer must be properly registered in the VIBE system.
E-2 enterprises that have already been established and doing business in the U.S. for a year typically satisfy these requirements without difficulty.
EB-1C vs. EB-5 for E-2 Holders
E-2 holders sometimes consider EB-5 as an alternative route to a Green Card. EB-5 is an investment-based program with a substantial minimum capital requirement and job-creation rules. EB-1C, by contrast, requires no additional investment and no job creation — only that you meet the multinational manager or executive criteria. For E-2 holders who already qualify on the management or executive side, EB-1C is often the faster, simpler, and less expensive path, though the right choice depends on each applicant's specific facts.
The same comparison applies to L-1 founders. A founder who entered the U.S. on an L-1 to build a U.S. business can pursue EB-1C as long as the qualifying overseas entity remains operationally substantive. If the foreign business has since wound down, contracted significantly, or no longer meets the multinational manager or executive structural requirements, EB-5 Direct may be the stronger Green Card route — because EB-5 focuses on the U.S. business itself, the capital invested, and the U.S. jobs created. For a side-by-side analysis of when each route fits an L-1 founder, see our L-1 visa to Green Card guide.
Premium Processing Applies Equally
EB-1C premium processing, available since 2023, is open to all EB-1C applicants regardless of their underlying non-immigrant status. An E-2 holder filing an EB-1C petition has the same access to a few-week I-140 adjudication as an L-1A holder.
If you currently hold E-2 status and want to know whether you qualify for EB-1C, contact our immigration team for an eligibility assessment. We have handled many successful E-2 to EB-1C transitions and can review your specific situation against the EB-1C criteria. You can also read our companion guide on moving from L-1 status to a Green Card, which covers much of the same process from the L-1A perspective.
EB-1C Frequently Asked Questions (FAQ)
Quick Answers to the Most Common EB-1C Questions
Yes — EB-1C is a Green Card category. EB-1C is an employment-based first-preference immigrant visa classification that leads directly to U.S. lawful permanent residence (a Green Card). An approved EB-1C petition is the first step; once a visa number is available, the beneficiary either adjusts status inside the U.S. or completes consular processing abroad to receive their Green Card.
No — EB-1C does not require PERM Labor Certification. EB-1C is part of the employment-based first preference (EB-1) category, and none of the EB-1 sub-categories (EB-1A, EB-1B, or EB-1C) require PERM. This is one of the largest advantages of EB-1C compared with EB-2 and EB-3, which do require the lengthy PERM Labor Certification process through the U.S. Department of Labor.
EB-1C processing time varies based on three factors: I-140 adjudication time, priority date wait (if applicable), and I-485 or consular processing time.
- I-140 with Premium Processing: USCIS commits to acting within 45 business days (the longer Premium Processing window applies to EB-1C and EB-2 NIW; most other I-140 categories use a 15-business-day window).
- I-140 without Premium Processing: currently several months to over a year, depending on the service center.
- Priority date wait: none for most countries; India and China currently face waits (see the Visa Bulletin section above).
- I-485 Adjustment of Status: typically several months to a year or more.
- Consular processing: usually a few months after the I-140 is approved and the priority date is current.
For applicants outside the India and China backlogs, the full EB-1C process can often be completed in roughly 6–18 months with Premium Processing.
Yes. USCIS expanded Premium Processing to EB-1C Form I-140 petitions in 2023. For an additional fee (currently U.S. $2,965, effective March 1, 2026), USCIS commits to taking action on the I-140 within 45 business days (the extended window that also applies to EB-2 NIW; most other I-140 categories use 15 business days). Without Premium Processing, EB-1C I-140 adjudication can take many months to over a year. Always confirm the current fee on the USCIS Fee Calculator before filing.
Yes — EB-1C is an employer-sponsored petition. The U.S. employer files Form I-140 and must intend to employ the beneficiary in the managerial or executive role described in the petition. Self-petitioning is not allowed under EB-1C. Once an I-485 has been pending for 180 days or more, AC21 portability may allow the beneficiary to change employers in some circumstances, but the new role must be in the same or a similar occupational classification.
Yes, an H-1B visa holder can apply for EB-1C provided they meet the EB-1C eligibility criteria. The most important requirement is one year of qualifying managerial or executive employment outside the U.S. for the petitioning employer (or its parent, subsidiary, affiliate, or branch) within the three years preceding the U.S. transfer. H-1B holders who previously worked abroad in a managerial or executive role for the same multinational group are typically the best candidates.
L-1B status itself does not qualify a beneficiary for EB-1C because L-1B covers specialized-knowledge employees, while EB-1C requires managerial or executive capacity on both sides of the transfer. However, an L-1B holder is not blocked from EB-1C. If the applicant has a separate one-year period of qualifying managerial or executive work abroad (within the three years preceding their U.S. entry) and is moving into a managerial or executive U.S. role, an EB-1C petition is possible. Many L-1B holders find EB-2 a more practical path to a Green Card.
No — as of the June 2026 Visa Bulletin, EB-1 India is not current. The final action date for EB-1 India retrogressed to December 15, 2022. Indian-born applicants with EB-1C petitions and priority dates after that cutoff must wait for the priority date to become current before filing an I-485 or receiving an immigrant visa. EB-1 China holds at April 1, 2023. EB-1 remains current for all other countries.
The timing of EB-1 India becoming current depends on demand from India-born applicants, the State Department's monthly visa-number allocations, and USCIS adjudication rates. The U.S. Department of State has warned that EB-1 India may retrogress further — or become temporarily "unavailable" — before the end of fiscal year 2026 (September 30, 2026). No reliable prediction is possible beyond month-to-month Visa Bulletin movements. The recommended strategy is to file the I-140 as soon as eligible to establish a priority date.
There is no fixed minimum number of employees required by USCIS for an EB-1C petition. However, USCIS scrutinizes whether the beneficiary will function in a genuine managerial or executive capacity rather than performing the day-to-day operational work of the business. In practice, EB-1C petitions are far stronger when the U.S. organization has a clear management structure with multiple subordinate professional employees reporting up to the EB-1C beneficiary. Petitions for very small businesses, including single-employee or owner-only operations, can succeed but face heightened scrutiny.
Yes — there is no rule preventing a business owner from being the beneficiary of an EB-1C petition, provided all qualifying criteria are met. USCIS will scrutinize owner-beneficiary cases closely to confirm a genuine managerial or executive role, a legitimate qualifying corporate relationship between the foreign and U.S. entities, and that the U.S. business has been operational for at least one year.
USCIS may conduct site visits in connection with employment-based petitions, including EB-1C, through its Fraud Detection and National Security (FDNS) directorate. Site inspections most commonly target the U.S. employer's premises to verify the existence of the business, the beneficiary's work location and duties, the management structure, and the qualifying corporate relationship described in the petition. Maintaining accurate corporate records, current VIBE registration, and clear organizational documentation reduces the risk of issues during an inspection.
If an EB-1C I-140 petition is denied, the petitioner has options including filing a motion to reopen, a motion to reconsider, or an appeal to the Administrative Appeals Office (AAO). Alternatively, the employer may file a new EB-1C petition addressing the issues raised in the denial, or pursue a different category such as EB-2. The right course depends on the basis for the denial and the underlying facts of the case.
The "one-year rule" (sometimes called the "three-year rule") is the EB-1C employment requirement: the beneficiary must have worked outside the United States in a managerial or executive capacity, for the petitioning employer or a qualifying affiliate, parent, subsidiary, or branch, for at least one continuous year within the three years immediately preceding either (a) the I-140 filing (if the beneficiary is outside the U.S.) or (b) the beneficiary's entry to the U.S. as a non-immigrant for that same employer (if the beneficiary is already in the U.S.). The one year must be in a genuinely managerial or executive role — not a specialized-knowledge or technical role.
Yes. USCIS recognizes a "functional manager" as a manager who manages an essential function of the organization rather than directly supervising other employees. To qualify, the beneficiary must be senior in the organizational hierarchy, manage the function rather than perform it, exercise discretion over its day-to-day operations, and operate at a level above first-line supervisors. Functional manager EB-1C petitions face higher USCIS scrutiny because the lack of direct supervisees makes the managerial nature of the role harder to demonstrate. Strong documentation — job descriptions, organizational diagrams showing the function within the wider business, budget authority, and evidence of independent decision-making — is essential.
Yes, in limited circumstances. Under the American Competitiveness in the 21st Century Act (AC21), if an EB-1C beneficiary's I-485 has been pending for 180 days or more, the beneficiary may change employers without losing the underlying I-140 approval — provided the new job is in the same or a similar occupational classification. AC21 portability is most commonly used by EB-2 and EB-3 applicants, but it is available to EB-1C beneficiaries in the right circumstances. Because EB-1C requires a managerial or executive role and a qualifying multinational corporate relationship, the new employer's circumstances are scrutinized closely. Speak with an immigration attorney before changing jobs while an EB-1C case is pending.
Before the I-485 has been pending 180 days, an employer change generally requires the new employer to file a new EB-1C petition, and the prior I-140 may be at risk if not yet approved or if the previous employer withdraws it. After 180 days of pending I-485, AC21 portability may allow the change provided the new role is in the same or a similar occupational classification. Once the Green Card is approved, the beneficiary is a lawful permanent resident and may freely change employers, subject only to maintaining residence and meeting other LPR obligations.
Moving from L-1A status to an EB-1C Green Card is one of the most common immigration pathways for multinational managers and executives, because the eligibility criteria for the two categories are very similar. The same U.S. employer that sponsored the L-1A typically files Form I-140 under EB-1C, and the beneficiary either files Form I-485 (Adjustment of Status) once a visa number is available, or completes consular processing abroad. The beneficiary's prior L-1A approval is not binding on the EB-1C adjudication — each petition is decided on its own merits — but a properly documented L-1A history is strong supporting evidence. See our comprehensive L-1 visa to Green Card guide for the full pathway, including timelines, dual intent during processing, and L-1B holder considerations.
The EB-1C visa, categorized under the Employment-Based First Preference immigration program, is designed to provide a pathway to U.S. lawful permanent residency for accomplished multinational executives and managers. (INA § 203(b)(1)(C))
Recognizing the importance of facilitating the transfer of key personnel within multinational organizations, the EB-1C visa offers a streamlined process for those who have demonstrated their proficiency in leadership roles abroad and seek to continue their impactful contributions within the United States.
This visa category underscores the significance of executive and managerial expertise in fostering international business operations, while also promoting the growth of the U.S. economy through the transfer of valuable skills and experience.
Explore our FAQs for more information about EB-1C visa options.
Key Terminology and Fundamental Concepts for the EB-1C Visa Category:
- EB-1C Immigrant Visa: A category within the Employment-Based First Preference Immigration (EB-1) that allows multinational executives and managers to obtain U.S. lawful permanent residence.
- Multinational Executive: An individual employed in a high-level managerial position within a multinational corporation, responsible for directing and overseeing the organization's operations.
- Multinational Manager: A professional who supervises and manages a key function or department of a multinational company, with authority over other employees and decision-making.
- Intra-Company Transferee: An employee who is transferred from a foreign affiliate, subsidiary, or parent company to a related U.S. entity in an executive or managerial capacity.
- Petitioner: The U.S. employer or company that sponsors and files the EB-1C immigrant visa petition on behalf of the beneficiary.
- Beneficiary: The foreign national executive or manager seeking U.S. lawful permanent residence through the EB-1C category.
- Qualifying Relationship: The legitimate connection between the U.S. employer and the foreign entity, typically an affiliate, subsidiary, or parent company.
- Qualifying Position: An executive or managerial role that meets the criteria specified by USCIS for the EB-1C category.
- Labor Certification: A process in which the U.S. employer demonstrates that no qualified U.S. worker is available for the position, often required for other employment-based immigration categories but not for EB-1C.
- Visa Retrogression: When the demand for immigrant visas exceeds the annual supply, causing delays in processing for certain nationalities.
- Immigrant Visa Number: A limited number of visas issued annually by the U.S. government for each immigrant category, including EB-1C.
- Adjustment of Status: The process by which eligible non-U.S. citizens apply to change their temporary immigration status to permanent resident status within the United States.
- Consular Processing: The process of obtaining an immigrant visa at a U.S. embassy or consulate abroad.
- Affiliated Companies: Companies that share a significant relationship, such as parent, subsidiary, or affiliate companies, as defined by USCIS.
- Managerial Capacity: A role that involves managing employees, projects, or functions within an organization.
- Executive Capacity: A role that involves directing the management of an organization or a major component of it.
- International Business: Business operations conducted in more than one country by a multinational corporation.
- USCIS: United States Citizenship and Immigration Services, the government agency responsible for processing immigration-related applications.
- L-1A Visa: A non-immigrant visa category that allows intra-company transferees in managerial or executive positions to work in the U.S.
- Form I-140: The Immigrant Petition for Alien Worker, the form submitted by the employer to initiate the EB-1C petition process.
These terms should help you better understand and navigate the details of the EB-1C immigrant visa category.
Questions and answers related to the EB-1C Visa in general
The prerequisites for the EB-1 Multinational Executive or Manager Immigrant category mirror those of the L-1A non-immigrant classification, but they are notably more stringent, both in terms of legal stipulations and their implementation.
The EB-1C classification applies to individuals who have completed a year of qualifying employment abroad and are now transitioning to undertake similar tasks for an affiliated entity within the United States. (8 C.F.R. § 204.5(j))
In essence, an alien beneficiary aiming for the EB-1C classification should possess a consistent one-year track record of serving as a managerial or executive figure for a foreign enterprise within the last three years. (INA § 203(b)(1)(C); 8 C.F.R. § 204.5(j))
This individual is then permanently relocated to the U.S. to assume a corresponding managerial or executive role for a parent, subsidiary, affiliate, or branch of the foreign company. While a labor certification is not mandatory, a formal job offer is a requisite element.
Key components include:
- A minimum of one year's managerial or executive experience with a foreign employer in the past three years;
- The prospective role entails a managerial or executive capacity;
- Permanently transferring to the U.S. to serve as a managerial or executive within the parent, subsidiary, affiliate, or branch of the foreign corporation;
- A labor certification is not obligatory, but a valid job offer is mandatory.
As per USCIS regulations, it is imperative that the U.S. employer either be the same entity or serve as a subsidiary of the organization through which the foreign beneficiary was employed abroad. There are no stipulated size requirements for the U.S. petitioning company or its operations.
However, USCIS mandates that the U.S. company must engage in business in one or more foreign countries, either directly or through affiliated entities or subsidiaries. Furthermore, the U.S. enterprise must demonstrate a track record of being operational for a minimum of one year before initiating the filing process for the EB-1C Multinational Manager or Executive immigrant visa petition.
To qualify as an executive, you must oversee the management of the corporation or a significant segment thereof. Your responsibilities include setting objectives, formulating policies, and receiving general oversight from higher-ranking executives, the board of directors, or company shareholders.
Conversely, as a manager, your role entails directing a portion of the company's operations, supervising and coordinating the activities of other skilled employees, and possessing the authority to both hire and terminate.
An EB-1C petition for a multinational executive or manager necessitates a formal declaration from an authorized representative of the petitioning U.S. company. This statement substantiates the following:
- If the alien beneficiary is located outside the United States, they must have engaged in managerial or executive functions with a foreign organization for a minimum of one out of the three years directly preceding the petition's submission.
- If the alien beneficiary is in the United States and working for the petitioning employer, within the three years leading up to their transfer to the U.S. as a non-immigrant, they should have been employed by the foreign entity for at least one year in a managerial or executive capacity.
The U.S. enterprise must be identical to the foreign entity, or it must be a parent, subsidiary, or affiliate of the foreign entity where the alien beneficiary worked in a managerial or executive capacity.
Furthermore, the U.S. enterprise should have been actively conducting business for a duration of at least twelve months.
To petition for an individual under the 'multinational executive or manager' category, you must include a formal statement provided by an authorized representative of your petitioning U.S. employer. This statement should offer verification for the following scenarios:
- If you are currently located outside the U.S., in the three years immediately prior to filing the petition, you must have worked overseas for at least one year in a managerial or executive capacity. This employment should have been under the sponsorship of a corporation, firm, legal entity, or an affiliate or subsidiary thereof.
- If you are already in the U.S., working for the same U.S. employer or its subsidiary or affiliate, you must have been employed abroad by the entity for a minimum of twelve months in a managerial or executive capacity during the three years preceding your entry as a non-immigrant.
- Your intended U.S. employer must be identical to the overseas employer, or it must be a subsidiary or affiliate of the firm or entity by which you were employed abroad.
- Moreover, the U.S. employer should have been actively engaged in business for a duration of at least twelve months.
While many employment-based immigrant visa categories necessitate a job offer from a U.S. company and Labor Certification approval from the U.S. Department of Labor (DOL), the EB-1C immigrant visa application for multinational executives or managers requires a job offer but exempts the need for Labor Certification approval. (8 C.F.R. § 204.5(j)) This is especially true if the alien beneficiary has 12 months or more of executive or managerial experience abroad.
The primary advantages of pursuing an EB-1 Multinational Executives and Managers immigrant petition include:
- Bypassing the complex Labor Certification process, which is typically associated with the EB-2 and EB-3 categories.
- Benefiting from "current" immigrant visa numbers, even in high-demand green card countries such as India and China. As a result, the alien employee becomes immediately eligible to initiate a Green Card application upon the approval of the EB-1C immigrant petition.
Questions and answers regarding the EB-1C Visa's Qualifications
Fortunately, there is no mandatory visa requirement to be eligible for the EB-1C.
Nonetheless, meeting the criteria for an L-1A visa can significantly bolster your case, as the prerequisites for L-1A closely resemble those for the EB-1C.
To qualify, you must have been employed by the same company outside the U.S. for a minimum of one year within the three years leading up to your EB-1C petition.
If you have spent the past 5 or 7 years working in the U.S. under L-1A status, you will not meet the eligibility criteria for the EB-1C.
As mentioned earlier, you need to spend at least one year working at the foreign branch of your company within the last three years.
This often implies that you will be outside the U.S. when you submit your application. However, this is not a strict rule.
Consider this example:
Jonathan serves as the Director of Sales at Home Depot Inc. He worked for one year in 2020 at a branch in his home country.
Subsequently, he moved to the U.S. under L-1A status and worked for two years.
In this scenario, Jonathan qualifies to apply for an EB-1C within the U.S. since he fulfilled the requirement of one year of foreign branch employment within the past three years.
Your employer must be an affiliate, subsidiary, or branch of the same company you worked for in your home country.
In this context, your employer must engage in business in at least two countries, with one of them being the United States.
Furthermore, this U.S. branch must have been operational for a minimum of one year before your EB-1C petition.
EB-1C is one of the categories established by the U.S. Congress to secure immigrant status, i.e., to achieve U.S. Lawful Permanent Residence. Immigrants refers to foreign individuals permanently coming to the United States. They are also officially referred to as "Lawful Permanent Residents," with these terms used interchangeably.
The classifications for employment-based immigrants are outlined in the Immigration and Nationality Act. (INA § 203(b)) EB-1C, commonly known as the category for intra-company transferees who are eligible for permanent residency, enables them to work in the U.S. in managerial or executive capacities.
When a company intends to relocate an alien employee working abroad to a U.S. corporation under the EB-1 Multinational Executive or Manager Immigrant category, a qualifying relationship between the foreign entity and the U.S. enterprise must be established. (8 C.F.R. § 204.5(j)(2))
Such a relationship exists when the U.S. company is an affiliate, parent, or subsidiary of the foreign entity. To establish this qualifying relationship, the petitioner must demonstrate that both the foreign entity and the U.S. enterprise share the same corporate structure (i.e., a U.S. entity with a foreign branch), or they are connected as parent/subsidiary or affiliates.
Ownership and control are pivotal factors in determining the existence of a qualifying relationship between the U.S. company and the foreign entity for the purposes of this visa category.
In the context of this visa application, ownership pertains to the direct or indirect legal ownership of an entity's assets with full power and authority to govern. Control, on the other hand, signifies the direct or indirect legal right and authority to manage the establishment, control, and operations of an entity.
Additionally, the petitioner must also prove the U.S. organization's ability to provide the beneficiary's salary.
Key points to establish include:
- Demonstrating a qualifying relationship between the U.S. company and the foreign entity;
- Ensuring that both the U.S. organization and the foreign entity are actively engaged in business;
- Verifying that the U.S. employer has been actively conducting business for a minimum of 12 months.
Yes, there are no regulations preventing you from submitting a new petition for a different green card while another is being processed.
It is possible to simultaneously file multiple petitions for various green cards. Although this approach comes with costs, it heightens your chances of approval for at least one option and reduces processing time if your preferred choice is not approved.
The failure to meet position prerequisites often leads to complexities in the EB-1C process. As a qualifying executive, you are required to oversee the company's operations on a significant scale.
This entails having the authority to make substantial decisions without substantial oversight and supervising a team of managers.
On the contrary, a managerial role entails supervising the work of several employees to qualify. This involves having the authority to hire, terminate, and control the salaries of a team of subordinates.
Additionally, you should determine the day-to-day activities of these employees.
Many EB-1C challenges arise when individuals with positions like individual account managers attempt to apply. Such roles do not involve the oversight of a team, despite the term "manager" in the title.
In broad terms:
For managers:
- Their responsibilities include overseeing a function or department within the organization.
- They supervise the work of others, including hiring and firing.
- They have control over employees' daily activities and salaries.
For executives:
- They provide guidance to managers within the organization.
- They make independent decisions without requiring supervision.
- They establish company goals and formulate policies.
Questions and answers regarding the EB-1C Visa's Denial
If your petition has been denied by the U.S. consulate or embassy, you will probably find a note on your denial letter indicating that the decision is not subject to appeal.
On the other hand, if your denial comes from USCIS, there is a potential avenue for appeal through a third party — the Administrative Appeals Office.
Your EB-1C application could be denied or rejected due to several key factors, including errors on your petition such as missing, incomplete, inconsistent, or inaccurate information; problems with fee payment; a history of criminal background or previous immigration status violations; failure to meet position requirements; inadequate qualifications; and your employer's failure to meet the necessary criteria.
Rejection occurs during the first phase of the two-pronged test. If you have an error on your petition or the fee was not paid correctly, your petition will be rejected before it moves on to the second stage.
On the flip side, denial happens when the evaluating officer decides that you, your position, your employer, or all of the above do not meet the standards necessary to obtain an EB-1C.
An RFE (Request for Evidence) can be initiated by the evaluating officer when they perceive a need for additional evidence to elucidate your position or qualifications. If you receive an RFE, view it as an opportunity for a second attempt. USCIS has not yet rejected your petition, but failing to provide a satisfactory response by the deadline could lead to a denial.
Certainly. Depending on your circumstances, you might have access to two primary types of legal motions:
- Request for Reopening
- Request for Reconsideration
If new circumstances or facts come to light that could potentially change the original decision, you might have the option to request a reopening of your case. This new evidence must carry significant weight and clearly demonstrate its potential impact on your case.
In situations where you and your attorney disagree with the evaluating officer's decision, you can pursue a request for reconsideration. Here, you'll need to present a compelling argument that highlights the facts and demonstrates how they underscore your qualifications. It's advisable to undertake this process under the guidance of an immigration attorney.
Should you find yourself ineligible for an EB-1C green card, exploring alternatives like the EB-2 or EB-3 could be worthwhile. The EB-2 is tailored for individuals with advanced degrees or exceptional expertise in their field, whereas the EB-3 is designed for those with bachelor's degrees or skilled/unskilled roles.
It's important to note that both the EB-2 and EB-3 demand a PERM Labor Certification, which is not a requirement for the EB-1C.
Questions and answers regarding the EB-1C Visa's Filing
To apply for the EB-1C, you will need the following forms:
- I-140 Immigrant Petition for Alien Worker
- I-485 Application to Register Permanent Residence or Adjust Status (if adjusting status from within the U.S.)
- DS-260 Online Immigrant Visa Application (if using consular processing)
Yes, a valid job offer from a multinational U.S. employer for a qualifying executive or managerial position is necessary to meet the requirements of the EB-1C.
The I-140 and I-485 should be submitted to USCIS, while the DS-260 is an online form with payments made to the Department of State.
The sponsoring employer serves as the petitioner in an EB-1C case. This employer is responsible for filing the petition on your behalf. Self-petitioning is only allowed for the EB-1A, EB-2 NIW, and EB-5 categories.
While specific documents vary for each individual case, your employer will likely need to provide the following:
- Company organization structure and business description
- Articles of association or incorporation
- Lease copy for the company premises
- Financial documents, tax filings, reports, and bank statements
- Relevant contracts or invoices
- Employer Identification Number (EIN) proof
- Your resume
- Your diploma or degree
Consult Davies & Associates’ immigration attorneys to ascertain the exact documents needed for your case.
Evaluating officers take a two-pronged approach. First, they ensure your submission is complete and accurate. Then, they review the evidence to determine your eligibility.
Questions and answers regarding the EB-1C Visa's Consular Processing
The choice between these routes hinges on your specific immigration circumstances. While consular processing may seem more intricate, it could be the swifter and more economical path. This is because adjusting your status typically takes around six months. Conversely, you might secure an appointment for your consular interview within just a few weeks.
While there have been cases, particularly among green card applicants like those in the EB-1 category, where interview requirements were waived in the past, it's advisable to expect an interview due to the changing landscape of political administrations. It's recommended to consult your immigration attorney to determine the best course of action for your specific situation.
Throughout the interview, the officer's aim is to ascertain the legitimacy of your case. You'll be queried about your background, the company you're affiliated with, your role within that company, your intentions in the U.S., and more. The key is to provide truthful answers; it's better to admit not knowing an answer than to provide false information. Keep in mind that even if an evaluating officer has previously approved your petition, the interviewing officer still retains the authority to deny your green card.
In addition to the printed confirmation page of your completed DS-260 form, you'll need to have the following items ready for your interview appointment:
- A passport-sized photograph of yourself adhering to Department of State specifications
- All documents supporting your position as an executive or manager as per USCIS regulations
- A valid passport, including any expired passports
- Your resume
Consular processing entails scheduling an appointment at a designated U.S. consulate or embassy, traveling to the appointed location, and engaging in a personal interview with a consular officer. This interview is a crucial step in obtaining your EB-1C visa. The consular processing process can be intricate and time-intensive. It's imperative to adhere to the guidelines provided by the embassy or consulate, submit accurate and comprehensive documentation, and adequately prepare for the interview. Seeking advice from an immigration attorney or liaising with the relevant embassy/consulate can enhance the efficiency of the consular processing journey.
Consular processing is required for individuals filing their petitions from outside the U.S. If you are already within the country, you have the option to either undergo consular processing or adjust your status.
Primarily, as with any interview, arriving at least 15 minutes early is recommended. After check-in, you'll be requested to wait until the consular officer is ready to meet you. If the interview goes well, you'll receive a sealed information packet to present to the officer at your U.S. port of entry (border, airport, or seaport). There, you'll receive a temporary green card until the official visa can be sent to your U.S. residence.
Questions and answers regarding the EB-1C Visa's Benefits
Certainly, if your EB-1C petition is approved, your spouse and unmarried children under 21 can also obtain green cards based on your case.
Your EB-1C will remain valid for a period of ten years. Following this period, you will need to submit an I-90 Application to Replace Permanent Resident Card.
This feature distinguishes the EB-1C from non-immigrant visas, where applicants must essentially reapply for the visa through a new petition. With the I-90 application, you can request that USCIS issue a renewed green card without requalifying for the visa.
It is essential to recognize that while the physical green card may have an expiration date, the permanent residency status it confers does not expire. As long as you satisfy the criteria for maintaining permanent residency and avoid actions that might lead to revocation, you can continue residing and working in the United States indefinitely, even if the green card's physical validity has lapsed.
However, keeping your green card current is advisable to prevent potential travel or employment verification issues. For specific inquiries about your EB-1C green card, it is recommended to seek guidance from an immigration attorney who can provide accurate and updated information tailored to your circumstances.
Questions and answers regarding the EB-1C Visa's Processing Fees
The answer to this question depends on your travel circumstances. The Form I-485 filing fee for adjustment of status is currently U.S. $1,440 (or $1,375 if filed online), which now includes biometrics, EAD, and Advance Parole if requested concurrently. The DS-260 immigrant visa fee for consular processing is currently U.S. $325 (plus a U.S. $120 Affidavit of Support fee where applicable).
At first glance, consular processing has the lower direct USCIS fee. However, if you need to travel to the U.S. consulate or embassy in your home country, remember to factor in travel expenses. Always confirm current fees on the USCIS Fee Calculator before filing.
Government filing fees as of May 2026 are summarized below. Fees change — always confirm the current fee on the USCIS Fee Calculator before filing.
For those adjusting status (Form I-485) inside the U.S.:
- Form I-140 filing fee: U.S. $715
- Asylum Program Fee: U.S. $600 (regular employers), U.S. $300 (small employers with 25 or fewer FTE), or U.S. $0 (qualifying nonprofits)
- Form I-485 fee: varies by applicant age — check the USCIS Fee Calculator
- Optional Premium Processing (Form I-907): U.S. $2,965 (effective March 1, 2026)
For those utilizing consular processing outside the U.S.:
- Form I-140 filing fee: U.S. $715
- Asylum Program Fee: as above
- Consular Processing / immigrant visa fees: refer to the U.S. Department of State
- Optional Premium Processing for I-140: U.S. $2,965
Payments for USCIS forms filed by paper must now be made by credit, debit, or prepaid card (Form G-1450) or by ACH from a U.S. bank account (Form G-1650). USCIS no longer accepts personal or business checks, money orders, or cashier's checks for most paper filings unless a specific exemption applies.
USCIS no longer accepts personal or business checks, money orders, or cashier's checks for paper-filed petitions in most cases. Payment must be made by credit, debit, or prepaid card using Form G-1450 (Authorization for Credit Card Transactions) or directly from a U.S. bank account using Form G-1650 (Authorization for ACH Transactions). Online filings are paid through Pay.gov.
Note that the I-140 filing fee is generally paid by the petitioning U.S. employer. The I-485 fee and any DS-260 fee for consular processing are typically the beneficiary's responsibility (subject to agreement between the parties). For consular processing, the DS-260 fee is paid online to the U.S. Department of State.
USCIS outlines three primary scenarios in which they will provide a refund:
- if an unnecessary form requiring a fee is requested;
- if a fee greater than the specified amount on the USCIS website is charged;
- if USCIS fails to take action on a petition within the applicable Premium Processing window (45 business days for EB-1C and EB-2 NIW; 15 business days for most other categories).
Questions and answers regarding the EB-1C Visa's Priority Dates
Discrepancies in dates arise due to the Department of State's annual limit on issuing immigrant visas for each country. When demand surpasses the allocated supply for a specific country, a backlog forms.
The visa bulletin employs a priority date system to sequence visa application processing.
Generally, the priority date corresponds to the filing date of the immigrant petition. In case of a backlog, applicants with earlier priority dates are given precedence over those with later dates. Higher demand from a particular country leads to longer wait times for its applicants, as their priority dates may be further behind.
This explains why countries like China and India, with larger populations, tend to exceed annual limits and face longer backlogs.
Certain visa categories, such as immediate relative visas for spouses, parents, and unmarried children under 21 of U.S. citizens, are exempt from numerical restrictions. This allows applicants in these categories to obtain visas faster, irrespective of their country of origin.
However, other family-based or employment-based visa categories have numerical limits, resulting in extended waiting periods.
EB-1 Final Action Dates are current for most countries — but not all. As of the June 2026 Visa Bulletin, EB-1 India has retrogressed to December 15, 2022, and EB-1 China is at April 1, 2023. EB-1 remains current for all other countries (including Mexico and the Philippines). Always check the latest U.S. Department of State Visa Bulletin before relying on these figures.
Once your priority date aligns with or surpasses the final action date in your category, a visa number becomes available. At this point, you can proceed with filing your I-485 to adjust your status or scheduling your consular appointment.
The Department of State issues a monthly visa bulletin containing the latest final action dates based on the type of green card and the beneficiary’s country of origin.
Your priority date is considered current when it matches or surpasses the final action date in your category.
Once this happens, USCIS will acknowledge your date as current, and a visa number will be allocated to you.
USCIS defines your priority date as the date when they receive your I-140 petition.
EB-1C Frequently Asked Questions
Quick Answers to the Most Common EB-1C Questions
Is EB-1C a Green Card?
Yes — EB-1C is a Green Card category. EB-1C is an employment-based first-preference immigrant visa classification that leads directly to U.S. lawful permanent residence (a Green Card). An approved EB-1C petition is the first step; once a visa number is available, the beneficiary either adjusts status inside the U.S. or completes consular processing abroad to receive their Green Card.
Does EB-1C Need PERM Labor Certification?
No — EB-1C does not require PERM Labor Certification. EB-1C is part of the employment-based first preference (EB-1) category, and none of the EB-1 sub-categories (EB-1A, EB-1B, or EB-1C) require PERM. This is one of the largest advantages of EB-1C compared with EB-2 and EB-3, which do require the lengthy PERM Labor Certification process through the U.S. Department of Labor.
How Long Does EB-1C Take?
EB-1C processing time varies based on three factors: I-140 adjudication time, priority date wait (if applicable), and I-485 or consular processing time.
- I-140 with Premium Processing: USCIS commits to acting within 45 business days (the longer Premium Processing window applies to EB-1C and EB-2 NIW; most other I-140 categories use a 15-business-day window).
- I-140 without Premium Processing: currently several months to over a year, depending on the service center.
- Priority date wait: none for most countries; India and China currently face waits (see the Visa Bulletin section above).
- I-485 Adjustment of Status: typically several months to a year or more.
- Consular processing: usually a few months after the I-140 is approved and the priority date is current.
For applicants outside the India and China backlogs, the full EB-1C process can often be completed in roughly 6–18 months with Premium Processing.
Is Premium Processing Available for EB-1C?
Yes. USCIS expanded Premium Processing to EB-1C Form I-140 petitions in 2023. For an additional fee (currently U.S. $2,965, effective March 1, 2026), USCIS commits to taking action on the I-140 within 45 business days (the extended window that also applies to EB-2 NIW; most other I-140 categories use 15 business days). Without Premium Processing, EB-1C I-140 adjudication can take many months to over a year. Always confirm the current fee on the USCIS Fee Calculator before filing.
Is EB-1C Tied to the Employer?
Yes — EB-1C is an employer-sponsored petition. The U.S. employer files Form I-140 and must intend to employ the beneficiary in the managerial or executive role described in the petition. Self-petitioning is not allowed under EB-1C. Once an I-485 has been pending for 180 days or more, AC21 portability may allow the beneficiary to change employers in some circumstances, but the new role must be in the same or a similar occupational classification.
Can H-1B Holders Apply for EB-1C?
Yes, an H-1B visa holder can apply for EB-1C provided they meet the EB-1C eligibility criteria. The most important requirement is one year of qualifying managerial or executive employment outside the U.S. for the petitioning employer (or its parent, subsidiary, affiliate, or branch) within the three years preceding the U.S. transfer. H-1B holders who previously worked abroad in a managerial or executive role for the same multinational group are typically the best candidates.
Can L-1B Holders Apply for EB-1C?
L-1B status itself does not qualify a beneficiary for EB-1C because L-1B covers specialized-knowledge employees, while EB-1C requires managerial or executive capacity on both sides of the transfer. However, an L-1B holder is not blocked from EB-1C. If the applicant has a separate one-year period of qualifying managerial or executive work abroad (within the three years preceding their U.S. entry) and is moving into a managerial or executive U.S. role, an EB-1C petition is possible. Many L-1B holders find EB-2 a more practical path to a Green Card.
Is EB-1C Current for India?
No — as of the June 2026 Visa Bulletin, EB-1 India is not current. The final action date for EB-1 India retrogressed to December 15, 2022. Indian-born applicants with EB-1C petitions and priority dates after that cutoff must wait for the priority date to become current before filing an I-485 or receiving an immigrant visa. EB-1 China holds at April 1, 2023. EB-1 remains current for all other countries.
When Will EB-1C Become Current for India?
The timing of EB-1 India becoming current depends on demand from India-born applicants, the State Department's monthly visa-number allocations, and USCIS adjudication rates. The U.S. Department of State has warned that EB-1 India may retrogress further — or become temporarily "unavailable" — before the end of fiscal year 2026 (September 30, 2026). No reliable prediction is possible beyond month-to-month Visa Bulletin movements. The recommended strategy is to file the I-140 as soon as eligible to establish a priority date.
How Many Employees Are Needed for EB-1C?
There is no fixed minimum number of employees required by USCIS for an EB-1C petition. However, USCIS scrutinizes whether the beneficiary will function in a genuine managerial or executive capacity rather than performing the day-to-day operational work of the business. In practice, EB-1C petitions are far stronger when the U.S. organization has a clear management structure with multiple subordinate professional employees reporting up to the EB-1C beneficiary. Petitions for very small businesses, including single-employee or owner-only operations, can succeed but face heightened scrutiny.
Can the Owner of a Business Apply for EB-1C?
Yes — there is no rule preventing a business owner from being the beneficiary of an EB-1C petition, provided all qualifying criteria are met. USCIS will scrutinize owner-beneficiary cases closely to confirm a genuine managerial or executive role, a legitimate qualifying corporate relationship between the foreign and U.S. entities, and that the U.S. business has been operational for at least one year.
Does USCIS Conduct Site Inspections for EB-1C?
USCIS may conduct site visits in connection with employment-based petitions, including EB-1C, through its Fraud Detection and National Security (FDNS) directorate. Site inspections most commonly target the U.S. employer's premises to verify the existence of the business, the beneficiary's work location and duties, the management structure, and the qualifying corporate relationship described in the petition. Maintaining accurate corporate records, current VIBE registration, and clear organizational documentation reduces the risk of issues during an inspection.
What Happens if an EB-1C I-140 Is Denied?
If an EB-1C I-140 petition is denied, the petitioner has options including filing a motion to reopen, a motion to reconsider, or an appeal to the Administrative Appeals Office (AAO). Alternatively, the employer may file a new EB-1C petition addressing the issues raised in the denial, or pursue a different category such as EB-2. The right course depends on the basis for the denial and the underlying facts of the case.
What Is the EB-1C One-Year Rule (Three-Year Rule)?
The "one-year rule" (sometimes called the "three-year rule") is the EB-1C employment requirement: the beneficiary must have worked outside the United States in a managerial or executive capacity, for the petitioning employer or a qualifying affiliate, parent, subsidiary, or branch, for at least one continuous year within the three years immediately preceding either (a) the I-140 filing (if the beneficiary is outside the U.S.) or (b) the beneficiary's entry to the U.S. as a non-immigrant for that same employer (if the beneficiary is already in the U.S.). The one year must be in a genuinely managerial or executive role — not a specialized-knowledge or technical role.
Can a Functional Manager Qualify for EB-1C?
Yes. USCIS recognizes a "functional manager" as a manager who manages an essential function of the organization rather than directly supervising other employees. To qualify, the beneficiary must be senior in the organizational hierarchy, manage the function rather than perform it, exercise discretion over its day-to-day operations, and operate at a level above first-line supervisors. Functional manager EB-1C petitions face higher USCIS scrutiny because the lack of direct supervisees makes the managerial nature of the role harder to demonstrate. Strong documentation — job descriptions, organizational diagrams showing the function within the wider business, budget authority, and evidence of independent decision-making — is essential.
Does AC21 Portability Apply to EB-1C?
Yes, in limited circumstances. Under the American Competitiveness in the 21st Century Act (AC21), if an EB-1C beneficiary's I-485 has been pending for 180 days or more, the beneficiary may change employers without losing the underlying I-140 approval — provided the new job is in the same or a similar occupational classification. AC21 portability is most commonly used by EB-2 and EB-3 applicants, but it is available to EB-1C beneficiaries in the right circumstances. Because EB-1C requires a managerial or executive role and a qualifying multinational corporate relationship, the new employer's circumstances are scrutinized closely. Speak with an immigration attorney before changing jobs while an EB-1C case is pending.
Can an EB-1C Beneficiary Change Employers?
Before the I-485 has been pending 180 days, an employer change generally requires the new employer to file a new EB-1C petition, and the prior I-140 may be at risk if not yet approved or if the previous employer withdraws it. After 180 days of pending I-485, AC21 portability may allow the change provided the new role is in the same or a similar occupational classification. Once the Green Card is approved, the beneficiary is a lawful permanent resident and may freely change employers, subject only to maintaining residence and meeting other LPR obligations.
How Do I Move from L-1A to EB-1C?
Moving from L-1A status to an EB-1C Green Card is one of the most common immigration pathways for multinational managers and executives, because the eligibility criteria for the two categories are very similar. The same U.S. employer that sponsored the L-1A typically files Form I-140 under EB-1C, and the beneficiary either files Form I-485 (Adjustment of Status) once a visa number is available, or completes consular processing abroad. The beneficiary's prior L-1A approval is not binding on the EB-1C adjudication — each petition is decided on its own merits — but a properly documented L-1A history is strong supporting evidence. See our comprehensive L-1 visa to Green Card guide for the full pathway, including timelines, dual intent during processing, and L-1B holder considerations.
What is an EB-1C Visa?
The EB-1C visa, categorized under the Employment-Based First Preference immigration program, is designed to provide a pathway to U.S. lawful permanent residency for accomplished multinational executives and managers. (INA § 203(b)(1)(C))
Recognizing the importance of facilitating the transfer of key personnel within multinational organizations, the EB-1C visa offers a streamlined process for those who have demonstrated their proficiency in leadership roles abroad and seek to continue their impactful contributions within the United States.
This visa category underscores the significance of executive and managerial expertise in fostering international business operations, while also promoting the growth of the U.S. economy through the transfer of valuable skills and experience.
Explore our FAQs for more information about EB-1C visa options.
Key Terminology and Fundamental Concepts for the EB-1C Visa Category:
- EB-1C Immigrant Visa: A category within the Employment-Based First Preference Immigration (EB-1) that allows multinational executives and managers to obtain U.S. lawful permanent residence.
- Multinational Executive: An individual employed in a high-level managerial position within a multinational corporation, responsible for directing and overseeing the organization's operations.
- Multinational Manager: A professional who supervises and manages a key function or department of a multinational company, with authority over other employees and decision-making.
- Intra-Company Transferee: An employee who is transferred from a foreign affiliate, subsidiary, or parent company to a related U.S. entity in an executive or managerial capacity.
- Petitioner: The U.S. employer or company that sponsors and files the EB-1C immigrant visa petition on behalf of the beneficiary.
- Beneficiary: The foreign national executive or manager seeking U.S. lawful permanent residence through the EB-1C category.
- Qualifying Relationship: The legitimate connection between the U.S. employer and the foreign entity, typically an affiliate, subsidiary, or parent company.
- Qualifying Position: An executive or managerial role that meets the criteria specified by USCIS for the EB-1C category.
- Labor Certification: A process in which the U.S. employer demonstrates that no qualified U.S. worker is available for the position, often required for other employment-based immigration categories but not for EB-1C.
- Visa Retrogression: When the demand for immigrant visas exceeds the annual supply, causing delays in processing for certain nationalities.
- Immigrant Visa Number: A limited number of visas issued annually by the U.S. government for each immigrant category, including EB-1C.
- Adjustment of Status: The process by which eligible non-U.S. citizens apply to change their temporary immigration status to permanent resident status within the United States.
- Consular Processing: The process of obtaining an immigrant visa at a U.S. embassy or consulate abroad.
- Affiliated Companies: Companies that share a significant relationship, such as parent, subsidiary, or affiliate companies, as defined by USCIS.
- Managerial Capacity: A role that involves managing employees, projects, or functions within an organization.
- Executive Capacity: A role that involves directing the management of an organization or a major component of it.
- International Business: Business operations conducted in more than one country by a multinational corporation.
- USCIS: United States Citizenship and Immigration Services, the government agency responsible for processing immigration-related applications.
- L-1A Visa: A non-immigrant visa category that allows intra-company transferees in managerial or executive positions to work in the U.S.
- Form I-140: The Immigrant Petition for Alien Worker, the form submitted by the employer to initiate the EB-1C petition process.
These terms should help you better understand and navigate the details of the EB-1C immigrant visa category.
Questions and answers related to the EB-1C Visa in general
What Are the Fundamental Criteria for EB-1C Immigrant Visa Classification?
The prerequisites for the EB-1 Multinational Executive or Manager Immigrant category mirror those of the L-1A non-immigrant classification, but they are notably more stringent, both in terms of legal stipulations and their implementation.
The EB-1C classification applies to individuals who have completed a year of qualifying employment abroad and are now transitioning to undertake similar tasks for an affiliated entity within the United States. (8 C.F.R. § 204.5(j))
In essence, an alien beneficiary aiming for the EB-1C classification should possess a consistent one-year track record of serving as a managerial or executive figure for a foreign enterprise within the last three years. (INA § 203(b)(1)(C); 8 C.F.R. § 204.5(j))
This individual is then permanently relocated to the U.S. to assume a corresponding managerial or executive role for a parent, subsidiary, affiliate, or branch of the foreign company. While a labor certification is not mandatory, a formal job offer is a requisite element.
Key components include:
- A minimum of one year's managerial or executive experience with a foreign employer in the past three years;
- The prospective role entails a managerial or executive capacity;
- Permanently transferring to the U.S. to serve as a managerial or executive within the parent, subsidiary, affiliate, or branch of the foreign corporation;
- A labor certification is not obligatory, but a valid job offer is mandatory.
What is the Primary Criterion for the Employer?
As per USCIS regulations, it is imperative that the U.S. employer either be the same entity or serve as a subsidiary of the organization through which the foreign beneficiary was employed abroad. There are no stipulated size requirements for the U.S. petitioning company or its operations.
However, USCIS mandates that the U.S. company must engage in business in one or more foreign countries, either directly or through affiliated entities or subsidiaries. Furthermore, the U.S. enterprise must demonstrate a track record of being operational for a minimum of one year before initiating the filing process for the EB-1C Multinational Manager or Executive immigrant visa petition.
What Are the Specific Requirements for Multinational Executives or Managers?
To qualify as an executive, you must oversee the management of the corporation or a significant segment thereof. Your responsibilities include setting objectives, formulating policies, and receiving general oversight from higher-ranking executives, the board of directors, or company shareholders.
Conversely, as a manager, your role entails directing a portion of the company's operations, supervising and coordinating the activities of other skilled employees, and possessing the authority to both hire and terminate.
An EB-1C petition for a multinational executive or manager necessitates a formal declaration from an authorized representative of the petitioning U.S. company. This statement substantiates the following:
- If the alien beneficiary is located outside the United States, they must have engaged in managerial or executive functions with a foreign organization for a minimum of one out of the three years directly preceding the petition's submission.
- If the alien beneficiary is in the United States and working for the petitioning employer, within the three years leading up to their transfer to the U.S. as a non-immigrant, they should have been employed by the foreign entity for at least one year in a managerial or executive capacity.
The U.S. enterprise must be identical to the foreign entity, or it must be a parent, subsidiary, or affiliate of the foreign entity where the alien beneficiary worked in a managerial or executive capacity.
Furthermore, the U.S. enterprise should have been actively conducting business for a duration of at least twelve months.
What Supporting Documentation is Required for the EB-1 'Multinational Executive or Manager' Category?
To petition for an individual under the 'multinational executive or manager' category, you must include a formal statement provided by an authorized representative of your petitioning U.S. employer. This statement should offer verification for the following scenarios:
- If you are currently located outside the U.S., in the three years immediately prior to filing the petition, you must have worked overseas for at least one year in a managerial or executive capacity. This employment should have been under the sponsorship of a corporation, firm, legal entity, or an affiliate or subsidiary thereof.
- If you are already in the U.S., working for the same U.S. employer or its subsidiary or affiliate, you must have been employed abroad by the entity for a minimum of twelve months in a managerial or executive capacity during the three years preceding your entry as a non-immigrant.
- Your intended U.S. employer must be identical to the overseas employer, or it must be a subsidiary or affiliate of the firm or entity by which you were employed abroad.
- Moreover, the U.S. employer should have been actively engaged in business for a duration of at least twelve months.
What Are the Key Advantages of an EB-1 Multinational Executives and Managers Immigrant Petition?
While many employment-based immigrant visa categories necessitate a job offer from a U.S. company and Labor Certification approval from the U.S. Department of Labor (DOL), the EB-1C immigrant visa application for multinational executives or managers requires a job offer but exempts the need for Labor Certification approval. (8 C.F.R. § 204.5(j)) This is especially true if the alien beneficiary has 12 months or more of executive or managerial experience abroad.
The primary advantages of pursuing an EB-1 Multinational Executives and Managers immigrant petition include:
- Bypassing the complex Labor Certification process, which is typically associated with the EB-2 and EB-3 categories.
- Benefiting from "current" immigrant visa numbers, even in high-demand green card countries such as India and China. As a result, the alien employee becomes immediately eligible to initiate a Green Card application upon the approval of the EB-1C immigrant petition.
Questions and answers regarding the EB-1C Visa's Qualifications
Is an L-1A visa a prerequisite for qualification?
Fortunately, there is no mandatory visa requirement to be eligible for the EB-1C.
Nonetheless, meeting the criteria for an L-1A visa can significantly bolster your case, as the prerequisites for L-1A closely resemble those for the EB-1C.
To qualify, you must have been employed by the same company outside the U.S. for a minimum of one year within the three years leading up to your EB-1C petition.
If you have spent the past 5 or 7 years working in the U.S. under L-1A status, you will not meet the eligibility criteria for the EB-1C.
Can I apply for the EB-1C while outside the U.S.?
As mentioned earlier, you need to spend at least one year working at the foreign branch of your company within the last three years.
This often implies that you will be outside the U.S. when you submit your application. However, this is not a strict rule.
Consider this example:
Jonathan serves as the Director of Sales at Home Depot Inc. He worked for one year in 2020 at a branch in his home country.
Subsequently, he moved to the U.S. under L-1A status and worked for two years.
In this scenario, Jonathan qualifies to apply for an EB-1C within the U.S. since he fulfilled the requirement of one year of foreign branch employment within the past three years.
What constitutes a multinational company?
Your employer must be an affiliate, subsidiary, or branch of the same company you worked for in your home country.
In this context, your employer must engage in business in at least two countries, with one of them being the United States.
Furthermore, this U.S. branch must have been operational for a minimum of one year before your EB-1C petition.
What Constitutes the Qualifying Relationship Between the U.S. Employer and the Overseas Organization?
EB-1C is one of the categories established by the U.S. Congress to secure immigrant status, i.e., to achieve U.S. Lawful Permanent Residence. Immigrants refers to foreign individuals permanently coming to the United States. They are also officially referred to as "Lawful Permanent Residents," with these terms used interchangeably.
The classifications for employment-based immigrants are outlined in the Immigration and Nationality Act. (INA § 203(b)) EB-1C, commonly known as the category for intra-company transferees who are eligible for permanent residency, enables them to work in the U.S. in managerial or executive capacities.
When a company intends to relocate an alien employee working abroad to a U.S. corporation under the EB-1 Multinational Executive or Manager Immigrant category, a qualifying relationship between the foreign entity and the U.S. enterprise must be established. (8 C.F.R. § 204.5(j)(2))
Such a relationship exists when the U.S. company is an affiliate, parent, or subsidiary of the foreign entity. To establish this qualifying relationship, the petitioner must demonstrate that both the foreign entity and the U.S. enterprise share the same corporate structure (i.e., a U.S. entity with a foreign branch), or they are connected as parent/subsidiary or affiliates.
Ownership and control are pivotal factors in determining the existence of a qualifying relationship between the U.S. company and the foreign entity for the purposes of this visa category.
In the context of this visa application, ownership pertains to the direct or indirect legal ownership of an entity's assets with full power and authority to govern. Control, on the other hand, signifies the direct or indirect legal right and authority to manage the establishment, control, and operations of an entity.
Additionally, the petitioner must also prove the U.S. organization's ability to provide the beneficiary's salary.
Key points to establish include:
- Demonstrating a qualifying relationship between the U.S. company and the foreign entity;
- Ensuring that both the U.S. organization and the foreign entity are actively engaged in business;
- Verifying that the U.S. employer has been actively conducting business for a minimum of 12 months.
Can I apply for the EB-1C if I've already applied for a different green card?
Yes, there are no regulations preventing you from submitting a new petition for a different green card while another is being processed.
It is possible to simultaneously file multiple petitions for various green cards. Although this approach comes with costs, it heightens your chances of approval for at least one option and reduces processing time if your preferred choice is not approved.
How does USCIS define an executive role?
The failure to meet position prerequisites often leads to complexities in the EB-1C process. As a qualifying executive, you are required to oversee the company's operations on a significant scale.
This entails having the authority to make substantial decisions without substantial oversight and supervising a team of managers.
How does USCIS define a managerial position?
On the contrary, a managerial role entails supervising the work of several employees to qualify. This involves having the authority to hire, terminate, and control the salaries of a team of subordinates.
Additionally, you should determine the day-to-day activities of these employees.
Many EB-1C challenges arise when individuals with positions like individual account managers attempt to apply. Such roles do not involve the oversight of a team, despite the term "manager" in the title.
How do managers and executives differ?
In broad terms:
For managers:
- Their responsibilities include overseeing a function or department within the organization.
- They supervise the work of others, including hiring and firing.
- They have control over employees' daily activities and salaries.
For executives:
- They provide guidance to managers within the organization.
- They make independent decisions without requiring supervision.
- They establish company goals and formulate policies.
Questions and answers regarding the EB-1C Visa's Denial
Can a denial decision be appealed?
If your petition has been denied by the U.S. consulate or embassy, you will probably find a note on your denial letter indicating that the decision is not subject to appeal.
On the other hand, if your denial comes from USCIS, there is a potential avenue for appeal through a third party — the Administrative Appeals Office.
What are typical factors leading to the denial or rejection of an EB-1C application?
Your EB-1C application could be denied or rejected due to several key factors, including errors on your petition such as missing, incomplete, inconsistent, or inaccurate information; problems with fee payment; a history of criminal background or previous immigration status violations; failure to meet position requirements; inadequate qualifications; and your employer's failure to meet the necessary criteria.
What distinguishes rejection from denial?
Rejection occurs during the first phase of the two-pronged test. If you have an error on your petition or the fee was not paid correctly, your petition will be rejected before it moves on to the second stage.
On the flip side, denial happens when the evaluating officer decides that you, your position, your employer, or all of the above do not meet the standards necessary to obtain an EB-1C.
What prompts the issuance of an RFE (Request for Evidence)?
An RFE (Request for Evidence) can be initiated by the evaluating officer when they perceive a need for additional evidence to elucidate your position or qualifications. If you receive an RFE, view it as an opportunity for a second attempt. USCIS has not yet rejected your petition, but failing to provide a satisfactory response by the deadline could lead to a denial.
Is it possible for me to initiate legal motions?
Certainly. Depending on your circumstances, you might have access to two primary types of legal motions:
- Request for Reopening
- Request for Reconsideration
If new circumstances or facts come to light that could potentially change the original decision, you might have the option to request a reopening of your case. This new evidence must carry significant weight and clearly demonstrate its potential impact on your case.
In situations where you and your attorney disagree with the evaluating officer's decision, you can pursue a request for reconsideration. Here, you'll need to present a compelling argument that highlights the facts and demonstrates how they underscore your qualifications. It's advisable to undertake this process under the guidance of an immigration attorney.
Are there alternatives to the EB-1C?
Should you find yourself ineligible for an EB-1C green card, exploring alternatives like the EB-2 or EB-3 could be worthwhile. The EB-2 is tailored for individuals with advanced degrees or exceptional expertise in their field, whereas the EB-3 is designed for those with bachelor's degrees or skilled/unskilled roles.
It's important to note that both the EB-2 and EB-3 demand a PERM Labor Certification, which is not a requirement for the EB-1C.
Questions and answers regarding the EB-1C Visa's Filing
What forms are required for the EB-1C?
To apply for the EB-1C, you will need the following forms:
- I-140 Immigrant Petition for Alien Worker
- I-485 Application to Register Permanent Residence or Adjust Status (if adjusting status from within the U.S.)
- DS-260 Online Immigrant Visa Application (if using consular processing)
Is a job offer necessary for eligibility?
Yes, a valid job offer from a multinational U.S. employer for a qualifying executive or managerial position is necessary to meet the requirements of the EB-1C.
Where should the forms be submitted?
The I-140 and I-485 should be submitted to USCIS, while the DS-260 is an online form with payments made to the Department of State.
Who acts as the petitioner for the EB-1C?
The sponsoring employer serves as the petitioner in an EB-1C case. This employer is responsible for filing the petition on your behalf. Self-petitioning is only allowed for the EB-1A, EB-2 NIW, and EB-5 categories.
What supporting documents should accompany my petition?
While specific documents vary for each individual case, your employer will likely need to provide the following:
- Company organization structure and business description
- Articles of association or incorporation
- Lease copy for the company premises
- Financial documents, tax filings, reports, and bank statements
- Relevant contracts or invoices
- Employer Identification Number (EIN) proof
- Your resume
- Your diploma or degree
Consult Davies & Associates’ immigration attorneys to ascertain the exact documents needed for your case.
How do evaluating officers assess my petition?
Evaluating officers take a two-pronged approach. First, they ensure your submission is complete and accurate. Then, they review the evidence to determine your eligibility.
Questions and answers regarding the EB-1C Visa's Consular Processing
Which route is preferable: adjustment of status or consular processing?
The choice between these routes hinges on your specific immigration circumstances. While consular processing may seem more intricate, it could be the swifter and more economical path. This is because adjusting your status typically takes around six months. Conversely, you might secure an appointment for your consular interview within just a few weeks.
Are interviews mandatory for everyone?
While there have been cases, particularly among green card applicants like those in the EB-1 category, where interview requirements were waived in the past, it's advisable to expect an interview due to the changing landscape of political administrations. It's recommended to consult your immigration attorney to determine the best course of action for your specific situation.
What kind of questions will I face during the interview?
Throughout the interview, the officer's aim is to ascertain the legitimacy of your case. You'll be queried about your background, the company you're affiliated with, your role within that company, your intentions in the U.S., and more. The key is to provide truthful answers; it's better to admit not knowing an answer than to provide false information. Keep in mind that even if an evaluating officer has previously approved your petition, the interviewing officer still retains the authority to deny your green card.
What documents or items should I bring to the appointment?
In addition to the printed confirmation page of your completed DS-260 form, you'll need to have the following items ready for your interview appointment:
- A passport-sized photograph of yourself adhering to Department of State specifications
- All documents supporting your position as an executive or manager as per USCIS regulations
- A valid passport, including any expired passports
- Your resume
What is the procedure for consular processing?
Consular processing entails scheduling an appointment at a designated U.S. consulate or embassy, traveling to the appointed location, and engaging in a personal interview with a consular officer. This interview is a crucial step in obtaining your EB-1C visa. The consular processing process can be intricate and time-intensive. It's imperative to adhere to the guidelines provided by the embassy or consulate, submit accurate and comprehensive documentation, and adequately prepare for the interview. Seeking advice from an immigration attorney or liaising with the relevant embassy/consulate can enhance the efficiency of the consular processing journey.
Under what circumstances is consular processing necessary?
Consular processing is required for individuals filing their petitions from outside the U.S. If you are already within the country, you have the option to either undergo consular processing or adjust your status.
What will transpire during my consular appointment?
Primarily, as with any interview, arriving at least 15 minutes early is recommended. After check-in, you'll be requested to wait until the consular officer is ready to meet you. If the interview goes well, you'll receive a sealed information packet to present to the officer at your U.S. port of entry (border, airport, or seaport). There, you'll receive a temporary green card until the official visa can be sent to your U.S. residence.
Questions and answers regarding the EB-1C Visa's Benefits
Can my family accompany me with green cards if my EB-1C is approved?
Certainly, if your EB-1C petition is approved, your spouse and unmarried children under 21 can also obtain green cards based on your case.
How frequently must I renew my EB-1C green card?
Your EB-1C will remain valid for a period of ten years. Following this period, you will need to submit an I-90 Application to Replace Permanent Resident Card.
This feature distinguishes the EB-1C from non-immigrant visas, where applicants must essentially reapply for the visa through a new petition. With the I-90 application, you can request that USCIS issue a renewed green card without requalifying for the visa.
It is essential to recognize that while the physical green card may have an expiration date, the permanent residency status it confers does not expire. As long as you satisfy the criteria for maintaining permanent residency and avoid actions that might lead to revocation, you can continue residing and working in the United States indefinitely, even if the green card's physical validity has lapsed.
However, keeping your green card current is advisable to prevent potential travel or employment verification issues. For specific inquiries about your EB-1C green card, it is recommended to seek guidance from an immigration attorney who can provide accurate and updated information tailored to your circumstances.
Questions and answers regarding the EB-1C Visa's Processing Fees
Is consular processing more cost-effective than adjustment of status?
The answer to this question depends on your travel circumstances. The Form I-485 filing fee for adjustment of status is currently U.S. $1,440 (or $1,375 if filed online), which now includes biometrics, EAD, and Advance Parole if requested concurrently. The DS-260 immigrant visa fee for consular processing is currently U.S. $325 (plus a U.S. $120 Affidavit of Support fee where applicable).
At first glance, consular processing has the lower direct USCIS fee. However, if you need to travel to the U.S. consulate or embassy in your home country, remember to factor in travel expenses. Always confirm current fees on the USCIS Fee Calculator before filing.
What are the official charges for my EB-1C green card?
Government filing fees as of May 2026 are summarized below. Fees change — always confirm the current fee on the USCIS Fee Calculator before filing.
For those adjusting status (Form I-485) inside the U.S.:
- Form I-140 filing fee: U.S. $715
- Asylum Program Fee: U.S. $600 (regular employers), U.S. $300 (small employers with 25 or fewer FTE), or U.S. $0 (qualifying nonprofits)
- Form I-485 fee: varies by applicant age — check the USCIS Fee Calculator
- Optional Premium Processing (Form I-907): U.S. $2,965 (effective March 1, 2026)
For those utilizing consular processing outside the U.S.:
- Form I-140 filing fee: U.S. $715
- Asylum Program Fee: as above
- Consular Processing / immigrant visa fees: refer to the U.S. Department of State
- Optional Premium Processing for I-140: U.S. $2,965
Payments for USCIS forms filed by paper must now be made by credit, debit, or prepaid card (Form G-1450) or by ACH from a U.S. bank account (Form G-1650). USCIS no longer accepts personal or business checks, money orders, or cashier's checks for most paper filings unless a specific exemption applies.
What is the payment process for these fees?
USCIS no longer accepts personal or business checks, money orders, or cashier's checks for paper-filed petitions in most cases. Payment must be made by credit, debit, or prepaid card using Form G-1450 (Authorization for Credit Card Transactions) or directly from a U.S. bank account using Form G-1650 (Authorization for ACH Transactions). Online filings are paid through Pay.gov.
Note that the I-140 filing fee is generally paid by the petitioning U.S. employer. The I-485 fee and any DS-260 fee for consular processing are typically the beneficiary's responsibility (subject to agreement between the parties). For consular processing, the DS-260 fee is paid online to the U.S. Department of State.
Can I receive a refund?
USCIS outlines three primary scenarios in which they will provide a refund:
- if an unnecessary form requiring a fee is requested;
- if a fee greater than the specified amount on the USCIS website is charged;
- if USCIS fails to take action on a petition within the applicable Premium Processing window (45 business days for EB-1C and EB-2 NIW; 15 business days for most other categories).
Questions and answers regarding the EB-1C Visa's Priority Dates
Why do dates vary among different countries?
Discrepancies in dates arise due to the Department of State's annual limit on issuing immigrant visas for each country. When demand surpasses the allocated supply for a specific country, a backlog forms.
The visa bulletin employs a priority date system to sequence visa application processing.
Generally, the priority date corresponds to the filing date of the immigrant petition. In case of a backlog, applicants with earlier priority dates are given precedence over those with later dates. Higher demand from a particular country leads to longer wait times for its applicants, as their priority dates may be further behind.
This explains why countries like China and India, with larger populations, tend to exceed annual limits and face longer backlogs.
Certain visa categories, such as immediate relative visas for spouses, parents, and unmarried children under 21 of U.S. citizens, are exempt from numerical restrictions. This allows applicants in these categories to obtain visas faster, irrespective of their country of origin.
However, other family-based or employment-based visa categories have numerical limits, resulting in extended waiting periods.
Are the EB-1C dates currently up to date?
EB-1 Final Action Dates are current for most countries — but not all. As of the June 2026 Visa Bulletin, EB-1 India has retrogressed to December 15, 2022, and EB-1 China is at April 1, 2023. EB-1 remains current for all other countries (including Mexico and the Philippines). Always check the latest U.S. Department of State Visa Bulletin before relying on these figures.
What follows once my priority date becomes current?
Once your priority date aligns with or surpasses the final action date in your category, a visa number becomes available. At this point, you can proceed with filing your I-485 to adjust your status or scheduling your consular appointment.
What indicates that my priority date is considered current?
The Department of State issues a monthly visa bulletin containing the latest final action dates based on the type of green card and the beneficiary’s country of origin.
Your priority date is considered current when it matches or surpasses the final action date in your category.
Once this happens, USCIS will acknowledge your date as current, and a visa number will be allocated to you.
How is a priority date defined by USCIS?
USCIS defines your priority date as the date when they receive your I-140 petition.
About the Authors
Mark I. Davies, Esq.
Chairman of Davies & Associates; focused on E visa strategy and complex consular filings.
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Why make Davies & Associates Your EB-1C Visa Application Lawyers
- Davies & Associates has helped many clients successfully obtain EB-1C visas, with an excellent EB-1C approval track record.
- The EB-1C visa team sits with our L-1 Visa practice group, and many clients often start with an L-1A Visa and progress to an EB-1C visa when they wish to transition to permanent residency (Green Card).
- Our firm has helped hundreds of clients obtain an L-1 Visa, and a substantial proportion of these later opt for an EB-1C so they can stay in the United States permanently.
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EB-1C Visa Immigration lawyer near meSeveral lawyers told me I would not be able to get a TN visa. Two weeks after contacting Davies & Associates I was working in New York, visa in hand.
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Parent of 2 EB-5 visa holdersI'm in the process of extending my L-1 visa. I submitted a few questions regarding my case, and he contacted me back almost immediately, both by email and telephone. Unlike other attorneys I met before, he gave me the impression of knowing off the top of his head what kind of visa I have, and what actions had to be taken to extend it. He is very thorough and clear regarding the process and what to expect in terms of timelines and issues that may arise. He is constantly in contact, so you definitely know he's working on your case.
L-1B Visa HolderMark Davies is a joy to work with. His extensive knowledge, speedy response and attentive service took away all my fears of dealing with immigration and visa applications. He is very generous with his time in explaining every step along the way and I have already and will in the future recommend him to anybody who is looking for an immigration lawyer.
E2 Visa for Small Professional Business With International OfficesDavies & Associates assisted us with an immigration emergency involving my brother's fiancée who was outside the United States. They assisted us in a highly professional manner, working with the relevant US embassy, US immigration and the governments of two other countries. As a result of their efforts the individual involved is now working in the United States. While their knowledge of the law is exemplary what really distinguishes this firm and attorney Davies from any other firm we have worked with is their dedication to customer service and their unrivaled level of professionalism.
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