Denied EB1C Cases
EB1C Approval Rate
Benefits of Benefits of an EB1C Green Card
There are several reasons to consider obtaining an EB1c Green Card.
- No large minimum investment. EB1C is not an investment visa and does not require any investment.
- No Labor Certification Requirement or PERM. Unlike EB2 and EB3, there is no requirement to prove that the employer was unable to hire a US worker. The PERM process is complex and time consuming.
- No Job creation requirements. Unlike EB5 there are no requirements that any jobs be created.
- Family members can be included. An EB1C 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 EB1c visa face 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 EB5 an EB1C-based Green Card has no period of Conditional Residency. EB1C is a simple one-step process with no additional filings and documentation required. Once Permanent Residency is established under EB1C the Green Card is unconditional.
What are the Rules for EB1-C:
The EB1C Green Card Requirements
There are a number of requirements that need to be met to qualify for an EB1C Green Card.
Compliance with each EB1C requirement needs to be carefully documented with applicable evidence.
|Who Qualifies for EB1-C?||EB1C Multinational Manager Visa Requirement||EB1C Documentation Required**|
|Requirements for the EB1C Employee||The EB1-C Three Year Rule: Must have worked for the foreign company for at least one (1) year continuously in the three (3) years||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 a subsidiary of that employer.||U.S. job description. Letter from Human Resources.|
|Requirements for the EB1C U.S. Employer||Must be related to foreign employer as a subsidiary/parent, affiliate or branch:
||Corporate ownership documentation. Shareholder registers.|
|There is no requirement that the US and non-US businesses be in the same industry. The US and non-US 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.
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.
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 EB1c visa using Form I-140.
More information on EB1C documentation can be found by following this link.
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.
How to Get an Eb1C Visa: The Application Process
There are two options for obtaining a Green Card using EB1C:
- Adjustment of Status
- Consular Processing
|Step||EB1C Qualification Stage||Details|
|Step 1||EB1C Qualified Job.||
The EB1C process starts when the beneficiary securing a qualified job form 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.
What Happens After I-140 Approval?
What happens after the I-140 approval in Eb1-C varies.
|Step 3(a)||Applications from Inside the USA.
(“Adjustment of Status”)
|Step 3(b)||Applications from Outside the U.S.A.
How Long does and EB1C Visa Take?
Processing times for EB1C visas vary.
Time for I-140 Processing
Without Premium Processing it can take six months to five years for the initial I-140 petition to be fully processed. Current I-140 processing times are available on the USCIS website.
Once the I-140 is processed the possible outcomes include:
- Request for Evidence (“RFE”)
- Notice of Intent to Deny (“NOID”)
Our immigration attorneys can help eliminate unnecessary RFEs and NOIDs by ensuring the documentation meets the minimum requirements for EB1C.
I-485 Processing Time for Adjustment of Status
Form I-485 is processed to start the process of adjusting status to “Green Card”.
How Much Does EB1-C Cost?
There are several costs to EB1C:
- Corporate Documentation. Opinion 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.
- EB1C Immigration Lawyer Fees. Immigration lawyers will charge a fee for guiding you through the EB5 process and competing the necessary forms.
- Miscellaneous Fees. You can expect to pay approximately USD 1,000 in copying, FEDEX and other miscellaneous costs.
- USCIS Filing Fees.
- Form I-140. US $700.
- Form I-485 (if filed in the U.S.). US $750 – US$1,140.
- Biometric Service Fee. USD $85.
- Consular Processing Fee (if filed outside the U.S.) US $ 230.
- Optional Premium Processing Fee. US$ 2,500
L1A, E2 and EB1C
The L1A inter-company transfer visa for managers and executives (“L1-A”) and the E2 Investor visa (“E-2”) are both non-immigrant visaas.
EB1C has very similar criteria to L1-A. EB1C is therefore a very common option for converting an L1-A visa to a Green Card.
A common misunderstanding is that E-2 cannot be converted to a Green Card using EB1-C or that it is some way harder than with L-1A. For a qualified applicant converting an E-2 to a Green Card is very straight forward and no more difficult or complicated than concerning an L1-A visa.
EB1-C Frequently Asked Questions (FAQ) ?
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:
- 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 the USCIS for the EB-1C category.
- 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.
- 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 nonimmigrant visa category that allows intracompany 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.
Questions and answers related to the EB1C Visa in general
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.
Questions and answers regarding EB1C 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 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,
- 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.
- 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 EB1C 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 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
- 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 EB1C Visa's Filling:
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.
Questions and answers regarding EB1C 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 EB1C 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 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.
Questions and answers regarding EB1C Visa's Processing Fees
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.
Questions and answers regarding EB1C 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.
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.
Why make Davies & Associates Your EB1c Visa Application Lawyers
- Davies & Associates has helped many clients successfully obtain an EB1c visa, and have never received a denial for an EB1c visa application.
- The EB1c visa team sits with our L1 Visa practice group and many clients often start with an L1A Visa and progress to an EB1c visa when they wish to transition to permanent residency (Green Card).
- Our firm has helped hundreds of clients obtain an L1 Visa and a substantial proportion of these later opt for an EB1c so they can stay in the United States permanently.
Contact us to discuss your eligibility.
Contact Davies & Associates Offices in United States
Check all of our locations around the world.
New York Office
200 E69th Street, 2N,New York , NY 10022
Map and Driving Directions
Los Angeles Office
601 South Figueroa Street Suite 4050 Los Angeles, CA 90017
Map and Driving Directions
155 N. Upper Wacker Dr. Suite 4250 Chicago, IL 60606
Map and Driving Directions
80 S.W. 8th St Suite 2000 Miami, FL 33130
Map and Driving Directions
18881 von Karman Avenue, Suite 220F, Irvine, CA 92612
Map and Driving Directions
1075 Peachtree Street NE Suite 3650 Atlanta, GA 30309
Map and Driving Directions
I had a great experience with Davies & Associates. They are very thorough in the approach and their have experts in this field who know the domain very well.I would certainly be leaning onto them for any future needs as well.
Thanks to them for handling my E2 visa very professionally. I had a study visa from F1 and changed it to E2. I encountered many problems during the application process. Verdie and Etta were very patient in helping me and it took a long time. I highly recommend this place.
Outstanding Immigration Attorney: Highly Recommended! Rating: ⭐️⭐️⭐️⭐️⭐️ (5/5) I had the pleasure of working with Verdie Atienza and his team at Davies & Associates , a top-notch immigration attorney in the United States. Their professionalism, expertise, and dedication throughout the process were exceptional. With in-depth knowledge of immigration law, they provided accurate advice and addressed all my concerns, instilling confidence. Verdie Atienza and his team meticulously reviewed my documentation and maintained excellent communication, keeping me updated regularly. What sets Davies & Associates apart is their unparalleled attention to detail. Communication with Verdie Atienza and his team in USA and Sukanya Raman in India was always prompt and efficient. They promptly returned my calls and emails, providing regular updates on the progress of my case. This level of responsiveness and transparency significantly reduced my stress levels, as I knew I could rely on their support and guidance throughout the entire process. Their personalized approach, ethical conduct, and genuine care for my success made them an outstanding attorney. I highly recommend Davies & Associates for all your immigration needs.
Getting my E2 Visa was a very in-depth process that took just over a year from when I committed to it, but 8 months from when I found a business I wanted to purchase. The only reason I'm giving 4 and not 5 stars is because the timeframe was a lot longer than expected from the initial information. Aside from the timing, Verdie and his team led me through the Visa process, providing all the guidance I needed to be successful, including advising me on the RIGHT type of Visa to suit my goals. Within the process I purchased a business and the greater Davies team included lawyer Rinat who helped me put the deal together. One of the biggest parts was my Business Plan which created from my info by Ana Ortiz, who did an incredible job. The process is certainly tedious and Verdie & Christina were always there to answer my questions, provide suggestions and advice and ensure I had all the documents I needed to support my application. I appreciated their patience with my questions and their advice and in the end, the application was so thorough the interview process was quick and easy. I highly recommend Davies & Associates and look forward to working with them again when it's time to renew my Visa.
We were in a hurry and Verdie and the team were highly responsive and supportive, even when we threw in some curve balls along the way. We had our visas approved without any issues and felt confident and well prepared for document submissions and the interview. I'd certainly recommend this team for an E2 visa process.
Several 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.Individual seeking 'Impossible' TN Visa
D&A was very detail-oriented and was very thorough in what they did” L1 Visa Client. There was a lot of work on my case and worked on it 24/7 and was very patient answering all my questions.E2 Visa Client
My case felt complex but D&A managed the whole process carefully and helped me move seamlessly from one stage to the next.E2 + CBI Client
D&A was my guiding light through the entire EB5 Process.EB5 Visa Client
I would definitely be a big advocate for the rest of my life for anyone wanting to explore the Grenada Citizenship by Investment Programme leading to the E2 Visa. The most important thing is a good team behind you.. with Davies & Associates you’re in safe hands… you need someone who can give you all the support at the ground level and, again, you are well take care of by D&A. The people are really warm, very helpful and quite openminded when it comes to business… Not to mention as a passport it’s great from a travel perspective…It’s just 4/5 hours from New York.Grenada CBI + E2 Visa Client
The entire process of getting an EB5 visa is handled in a professional way by Mark Davies and his team. EB5 is a wonderful option for anyone considering moving to the United States if you have the means. I was hoping to use the H1B route for my children, but it became unreliable and so I looked to the EB5 Visa instead. It is great for anyone who has the resources. Mark gives you the first meetings himself which gives you great comfort. Both Mark and Sanjay are abundantly available and I even had the pleasure of hosting them at my house.Parent of 2 EB5 Visa Holders
I'm in a process of extending my L1 visa. I submitted a few questions regarding my case and he contacted me back almost immediately both by e-mail and telephone. Unlike other attorneys I met before, he gave me the impression of knowing from 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.L1B Visa Holder
Mark 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 Offices
Davies & Associates assisted us with an immigration emergency involving my brother's fiancée who was outside the United States. They assisted us in an 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.Complex Fiancée Visa Need Involving Multiple International Jurisdictions
Several 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. I have recommended this firm to several friends and colleagues, they do an excellent job every time.Individual Seeking 'Impossible' TN Visa
I was qualified as a physician in a foreign country. Being on a J1 visa I was facing having to leave the United States and return to my home country. Davies & Associates secured one of only 30 J1 visa waivers available in my State, allowing me to work for a US hospital and remain in the United States.Doctor Seeking J1 Visa Waiver
I am very satisfied with the services Mark Davies has provided me. He has a very extensive knowledge in immigration laws and has a thorough approach to any case.U Visa Applicant, A Victim of Crime
Looking to relocate or having trouble with a visa applicaton?
We are known for our creative solutions that obtain "impossible" visas, we solve the most complex immigration problems for business, investors, individuals and families.Request Free Consultation