EB-1C Visa Explained: Green Card for Multinational Executives and Managers

What is the EB-1C Visa, and Who Is It For?

The EB-1C visa is a green card option for executives and managers of multinational companies. It allows individuals who have been employed outside the U.S. in a managerial or executive capacity for at least one year in the three years preceding their petition to be transferred to a U.S. affiliate, subsidiary, or branch of the same company. Once approved, the applicant, their spouse, and unmarried children under 21 can obtain permanent residency in the U.S.

Main Eligibility Requirements for the EB-1C Visa

To qualify for the EB-1C visa, applicants must meet the following key requirements:

• One-year employment in a managerial or executive role within the last three years for a multinational company.
• Must be entering the U.S. to perform similar managerial or executive duties for the same employer or an affiliate or subsidiary.
• The U.S. employer must have been doing business for at least one year and must maintain a qualifying relationship (parent, branch, affiliate, or subsidiary) with the foreign company.

What Is Considered “Managerial or Executive Capacity”?

To qualify for the EB-1C visa, applicants must meet one of two capacities:

• Managerial capacity: Managing an organization or key function, supervising employees, and controlling operational processes.
• Executive capacity: Directing management or a major function of the organization, establishing goals and policies, with high-level decision-making authority.

Can I Self-Petition for the EB-1C?

No, the EB-1C petition must be filed by a U.S. employer. The applicant cannot self-petition for this visa.

Is a Labor Certification Required?

One of the advantages of the EB-1C visa is that it does not require a labor certification (PERM), streamlining the process and saving time compared to other employment-based visa categories.

EB-1C Application Process

The EB-1C visa application process involves several steps:

• I-140 Petition: The U.S. employer files Form I-140 with USCIS, including evidence of the qualifying relationship and the managerial/executive role.
• Approval: Once the I-140 is approved, the applicant can apply for Adjustment of Status (Form I-485) if in the U.S. or Consular Processing if abroad.
• Green Card Issuance: After approval and a possible interview, the applicant and eligible family members receive permanent residency.

Official Source: USCIS I-140 Instructions

Documents Needed for an EB-1C Petition

To file the EB-1C petition, applicants must provide:

• Proof of the qualifying relationship between the U.S. and foreign entities (e.g., organizational charts, incorporation documents).
• Evidence of the applicant’s managerial/executive role abroad and in the U.S. (e.g., job descriptions, employment verification).
• Business records showing operational status of the U.S. company (e.g., tax returns, financial statements).
• Evidence of the company’s ability to pay the offered wage (e.g., audited financial records).

EB-1C Processing Times

Processing times for the EB-1C visa vary:

• I-140 Petition: 6-12 months on average; faster processing may be available with premium processing.
• Adjustment of Status or Consular Processing: Additional months, depending on visa bulletin availability and the applicant’s country of origin.

Applicants from high-demand countries (e.g., India, China) may face longer wait times due to visa backlogs.

Main Benefits of the EB-1C Visa

• No labor certification required, making the process faster.
• Direct path to a green card for the applicant and immediate family members.
• Priority dates are often current, making wait times shorter compared to other employment-based visa categories (except for countries with high demand).
• No need to be in the same industry as the U.S. company.

Common Challenges and Reasons for Denial

• Insufficient evidence of managerial or executive capacity.
• Failure to prove a qualifying relationship between the U.S. and foreign entity.
• The U.S. company is not financially viable or has not been doing business for at least one year.
• Inconsistent or incomplete information in the application.

Can L-1A, H-1B, or L-1B Visa Holders Apply for EB-1C?

Yes, individuals on L-1A, H-1B, or L-1B visas can apply for the EB-1C visa, provided they meet the eligibility criteria, particularly the one-year managerial/executive employment abroad within the last three years.

Adjustment of Status or Consular Processing

Applicants can choose between:

• Adjustment of Status: If currently in the U.S. under valid nonimmigrant status.
• Consular Processing: If outside the U.S., applying through a U.S. consulate or embassy in their home country.

What Happens If My EB-1C Petition Is Denied?

If denied, applicants can:

• Appeal the decision or file a motion to reopen or reconsider.
• Explore other visa categories if eligible.
• Common reasons for denial include not meeting eligibility criteria, submitting false or incomplete information, or facing inadmissibility for legal or health reasons.

Conclusion

The EB-1C visa offers an excellent opportunity for multinational executives and managers seeking permanent residency in the U.S. With its advantages, such as no labor certification requirement and the potential for faster processing, it is a highly beneficial pathway for eligible applicants. However, it is crucial to ensure that all eligibility requirements are met and that proper documentation is provided to avoid delays or denials.

For personalized guidance and to ensure the best chances for success in your EB-1C application, consulting with a licensed immigration attorney is recommended.