Permanent Residency Through EB1c

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.

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 insights and connect with us to illuminate your EB1C visa possibilities.

Key Terminology and Fundamental Concepts for EB-1C Visa Category:

1. 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.
2. Multinational Executive: An individual employed in a high-level managerial position within a multinational corporation, responsible for directing and overseeing the organization's operations.
3. 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.
4. 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.
5. Petitioner: The U.S. employer or company that sponsors and files the EB-1C immigrant visa petition on behalf of the beneficiary.
6. Beneficiary: The foreign national executive or manager seeking U.S. lawful permanent residence through the EB-1C category.
7. Qualifying Relationship: The legitimate connection between the U.S. employer and the foreign entity, typically an affiliate, subsidiary, or parent company.
8. Qualifying Position: An executive or managerial role that meets the criteria specified by the USCIS for the EB-1C category.
9. Labor Certification: A process where 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.
10. Visa Retrogression: When the demand for immigrant visas exceeds the annual supply, causing delays in processing for certain nationalities.
11. Immigrant Visa Number: A limited number of visas issued annually by the U.S. government for each immigrant category, including EB-1C.
12. 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.
13. Consular Processing: The process of obtaining an immigrant visa at a U.S. embassy or consulate abroad.
14. Affiliated Companies: Companies that share a significant relationship, such as parent, subsidiary, or affiliate companies, as defined by USCIS.
15. Managerial Capacity: A role that involves managing employees, projects, or functions within an organization.
16. Executive Capacity: A role that involves directing the management of an organization or a major component of it.
17. International Business: Business operations conducted in more than one country by a multinational corporation.
18. USCIS: United States Citizenship and Immigration Services, the government agency responsible for processing immigration-related applications.
19. L-1A Visa: A nonimmigrant visa category that allows intracompany transferees in managerial or executive positions to work in the U.S.
20. Form I-140: The Immigrant Petition for Alien Worker, the form submitted by the employer to initiate the EB-1C petition process.

The prerequisites for the EB1 Multinational Executive or Manager Immigrant category mirror those of the L-1A nonimmigrant 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.

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.

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 entity 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 stands as the same entity or serves 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 nonimmigrant, 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, and you had 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 nonimmigrant.
• 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. This is especially true if the alien beneficiary boasts 12 months or more of executive or managerial experience abroad.

The primary advantages of pursuing an EB1 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.
• Benefitting 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.

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 Homedepot 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, Ronald 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.

The EB-1C category is designed for multinational executives and managers employed by multinational companies with a U.S. branch.

To qualify, you must demonstrate that your role fulfills the stipulated requirements and that you have been engaged in employment at the company's foreign branch for a minimum of one year before submitting your 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 refer 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. EB-1C, commonly known as the category for intracompany 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 EB1 Multinational Executive or Manager immigrant category, a qualifying relationship between the foreign entity and the U.S. enterprise must be established.

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.

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 the 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 like 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 onto 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. The 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

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.

• Request for Reconsideration

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.

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 Resident or Adjust Status (if adjusting status from within the U.S.)
• DS-260 Online Immigrant Visa Application (if using consular processing)

Typically, the I-140 petition takes around six to eight months to process, subject to the workload of the service center responsible for your application.

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.

Yes, EB-1C premium processing is available as a limited service that is expanding. Starting from summer 2022, specific EB-1C premium processing applications will be accepted. If you have a pending Form I-140 that was filed under an EB-1C visa category, the USCIS will allow premium processing:

• Starting June 1, 2022, USCIS will accept Form I-907 (premium processing upgrade) requests for EB-1C multinational executive and manager petitions received on or before January 1, 2021.
• Beginning July 1, 2022, Form I-907 requests for EB-1C multinational executive and manager petitions received on or before March 1, 2021, will be accepted.

USCIS has indicated that they will continue to roll out EB-1C premium processing in phases, with a focus on Forms I-140, I-539, and I-765.

I-485 processing also averages around six months, influenced by the workload of your service center.

The I-140 and I-485 should be submitted to the 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 takes a two-pronged approach. First, they ensure your submission is complete and accurate. Then, they review the evidence to determine your eligibility.

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.

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 nonimmigrant visas, where applicants must essentially reapply for the visa through a new petition. With the I-90 application, you can request the USCIS to 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.

Another advantage of the EB-1C is that nearly all priority dates are typically current. Once your I-140 is approved, you can proceed with consular processing or adjust your status.

One of the significant advantages of the EB-1 category is that none of its green cards necessitate a PERM Labor Certification. This exemption eliminates the need for the intricate process of recruiting U.S. workers for your role, thereby shortening your processing time by several months, at minimum.

The answer to this question depends on your travel circumstances. In general, consular processing should come to around $400, covering expenses such as biometrics and affidavit of support fees.

Conversely, the cost of adjusting your status falls within the range of $750 to $1,225, encompassing the biometrics fee.

At first glance, consular processing seems to be the more economical choice. However, if you need to travel to the U.S. consulate or embassy in your home country, remember to factor in travel expenses.

Here's a breakdown of the essential charges linked to obtaining your EB-1C, contingent on whether you opt for adjustment of status or consular processing:

For those adjusting their status:

• Basic I-140 filing fee: $700
• I-485 fee: $750-$1,140 (varies by age; refer to the USCIS-provided chart for specific fee)

For those utilizing consular processing:

• Basic I-140 filing fee:
• DS-260 fee: $230
• Affidavit of Support fee (if applicable): $88
• Biometrics fee (if applicable): $85

Payments for the I-140 and I-485 should be submitted as money orders or cashier’s checks made out to the United States Citizenship and Immigration Services. It's recommended to issue separate money orders or checks for each payment to prevent confusion and potential processing delays.

Keep in mind that your petitioning employer is responsible for the I-140 fee payment. Using your payment for this purpose could lead to severe consequences. The I-485 fee and DS-260 fee are your responsibility, depending on the processing route you choose.

For consular processing, the DS-260 fee is paid online to the Department of State.

The USCIS outlines three primary scenarios in which they will provide a refund:

• if an unnecessary form necessitating a fee is requested
• if a fee greater than the specified amount on the USCIS website is charged
• if the USCIS fails to process a petition within the 15-calendar-day window for premium processing.

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.

A notable advantage of the EB-1 category is that final action dates are typically current for most countries. To determine if any wait times exist, you can refer to the latest visa bulletin available here.

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 for adjusting 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, the USCIS will acknowledge your date as current, and a visa number will be allocated to you.

The USCIS defines your priority date as the date when they receive your I-140 petition.