Overview of EB1C Visas
EB-1C Green Card for Multinational Managers & Executives
The EB-1C Visa targets management and executive level employees seeking permanent residency in the United States, also known as a Green Card. It is an excellent option for business leaders from around the world wishing to relocate with their family to the United States. Conditions apply so it is important to seek advice from a US attorney to determine the best immigration pathway for you.
To obtain the EB-1C visa, you must have been employed outside the United States for at least 1 year in the 3 years preceding the petition or the most recent lawful nonimmigrant admission if you are already working for the U.S. peti¬tioning employer. The U.S. petitioner must have been doing business for at least 1 year, have a qualifying relationship to the entity you worked for outside the U.S., and intend to employ you in a managerial or executive capacity
L1A + EB-1C Visa
EB-1C visas both target management and executive level employees. The L-1 visa is a time-limited non-immigrant visa, whereas the EB-1C offers permanent residency, also known as a Green Card. It is possible to apply for an EB-1C visa directly, although most applicants first arrive on an L-1A visa and then transition to an EB-1C visa. The L-1 Visa allows for the transfer of an employee from an overseas branch to the American branch of the same company. It is possible to set up a new US office and transfer yourself or a colleague there to manage that branch.
To obtain an EB-1C visa, you must have been employed outside the United States for at least one year of the preceding three years, so it is necessary to start thinking about the EB-1C soon after moving to the United States soon after moving to the United States on an L-1A visa.
E2 + EB1C Visa
The E-2 Treaty Investor Visa can also be transitioned to a Green Card through an EB-1C application with careful planning. An E-2 Treaty Investor is permitted to move to the United States for the purpose of owning and operating a business. Franchise businesses are eligible for the E-2 Visa. Anyone who is not a citizen of an E-2 Treaty country must first become one through a process of E-2 plus CBI. If the E-2 business qualifies, it is possible to obtain a Green Card through EB-1C.Transitioning from and E-2 visa to a Green Card under EB1C requires careful planning and it is important to engage with D&A at an early stage to ensure you qualify.
EB-1C Application Process
Your U.S. employer must file USCIS Form I-140, Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demon¬strate a continuing ability to pay your wage
In a decade of filing applications for EB-1C, D&A have never had a client of any size have an EB-1C Petition denied or an EB-1C related immigrant visa application refused. Although no guarantees can ever be made, we believe that properly presented EB-1C Petitions will be approved. Contact us today to discuss your interest in the EB-1C visa category.