The EB-1C visa is for mid- to high-level executives or managers who are transferred from outside the US to an affiliated company in the US. An EB-1 Multinational Executive or Manager Green Card petition requires sponsorship by a US employer. Read on to what are the requirements for EB-1 visa.
Legal Reference:
An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien’s application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.
Employment-Based Immigration: First Preference EB-1
You may be eligible for an employment-based, first-preference visa if you have an extraordinary ability, are an outstanding professor or researcher, or are a multinational executive or manager. Each occupational category has certain requirements that must be met:
Criteria
| Categories | Description | Evidence |
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Extraordinary Ability |
You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment is required. |
You must meet 3 of 10 criteria* below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal)
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Outstanding professors and researchers |
You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years’ experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education. |
You must include documentation of at least two listed below** and an offer of employment from the prospective U.S. employer. |
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Multinational manager or executive |
You must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization. Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer. |
Your petitioning employer must be a U.S. employer. Your employer must have been doing business for at least 1 year, as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed you abroad.
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Advantages
Three advantages of the EB-1C application include:
- A multinational executive or manager does not require a labor certification application.
- It helps to obtain a Green Card in a relatively short period of time.
- For the EB-1C process, the employer is the petitioner, and the multinational executive or manager is the beneficiary.
Application Process
The following information explains the process of applying for EB-1C:
File a Form I-140, Petition for Alien Worker.
The purpose is to prove that the applicant is a multinational executive or manager. Form I-140 application procedure
The applicant and his/her family members must prove that they do not have prior immigration or criminal violations or other problems that would make them ineligible for the green card. It explains the applicant’s entire history in his field and begins by explaining how the applicant got involved in the field and improved over the years. Therefore, the applicant must provide extremely detailed information about his education, training, work experience, and other qualifications.
File a Form I-485 or Take Consular Processing Interview.
Upon approval of Form I-140, the applicant should file Form I-485 application for adjustment of status or take consular processing interview at a US consulate in his country. The purpose is to become a lawful permanent resident of the US. Form I-485 application procedure and consular processing.
The permanent resident card (Green Card) will be mailed to the applicant’s home if the application is approved by USCIS.
Eligibility Criteria & Documents
In order to qualify as a multinational executive or manager;
- The employee should be coming to work in a managerial or executive capacity for a US employer.
- The foreign national must have worked abroad in an executive or managerial capacity for the same company or its affiliate or subsidiary for at least one continuous year within the three years immediately preceding the transfer.
- A US employer must sponsor the case.
- Education Degree / Diploma.
- Evidence describing the position offered.
- Board resolution or appointment documents verifying the transfer.
- Any other documents showing the transferee’s capability to conduct business in his/her executive position.
- A detailed description from the US employer affirming all of the job duties to be performed by the alien in the US.
Employer Requirements
The employer must meet the following requirements for the EB-1C application to be processed:
- The employer must have been in business for at least one year.
- The employer must have a qualifying relationship with an entity outside of the US which must continue at least throughout the entire course of a EB-1 Multinational Executive or Manager Green Card petition.
- The petitioning employer must be a US employer.
- Articles of incorporation or association.
- Application for EIN.
- Stock certificates.
- Lease of business location.
- Bank statement.
- Audited accounting reports.
- Employer’s Quarterly Report Form 941 (if any).
- Description of company business.
- Commercial contracts, invoices, bills of lading, letters of credit, etc.
- Company structure and plan of employing new employees.
- Business license.
- Income tax filings for the past three years.
- Organizational chart, total number of employees, and position held by the transferee.
- Company letterhead with company logo, name, and address.
- Pictures of company’s main office, factories, or buildings (Disregard if already included in company brochure).
- Evidence of the relationship between the US and foreign company, organizational charts.
- Evidence showing that the US company is either the parent, subsidiary, affiliate, or branch office of the company abroad.
Notes on EB-1C
The employee may already be in the United States in a nonimmigrant visa status such as the L1A visa or one of the E visa classifications.
The personnel transfers can be between different branches of the same company, or between different companies with one of the following types of relationship: parent-subsidiary; home office-branch office; and affiliate-affiliate.