EB-1C Visa Requirements, Application and Processing Time

The EB-1C visa is a permanent residence category (green card) for the United States available to certain multinational executives and managers.

The EB-1C visa can be an attractive option for US employers and employees primarily because there is no PERM labor certification required, the processing time is shorter than for other visa categories, employees can transition naturally from a nonimmigrant visa to EB-1C and most can concurrently file for adjustment of status.

Below we provide a comprehensive overview of EB-1C visa, requirements, application and processing time and answer a series of frequently asked questions.

FAQs:

1. What is EB-1C Visa?
2. Who is eligible for EB-1C Visa?
3. EB-1C Requirements
4. Qualifying relationship for EB-1C
5. Executive or Manager Position
6. Can a Startup or Small Business Apply for EB-1C?
7. What is the EB-1C Application Process?
8. EB-1C Premium Processing
9. EB-1C Processing Time
10. Documents for EB-1C
11. Advantages
12. Important things to know
13. Do I need an L-1A visa to apply for EB-1C?

1. What is EB-1C Visa?

The EB-1C visa is an employment-based green card for certain multinational managers and executives. The EB-1C allows companies with offices in the United States and at least one other country to transfer executives and managers from the foreign office to the office in the U.S. to assist with the company’s operations in the United States. Startup and smaller US companies can qualify for EB-1C as long as they meet the requirement.

2. Who is eligible for EB-1C Visa?

Any individual who has been employed abroad for at least 1 year in the past 3 years as a manager or executive by a foreign company related to the petitioning US company is eligible for an EB-1C visa provided that the US company has been doing business for at least 1 year and has an executive or manager position open.

You can be eligible for EB-1C if you have been an executive or manager at a company abroad and you will be employed at a related US company or you are already in the United States working for the US company.

3. EB-1C Requirements

To qualify for the EB-1C, the petitioning US employer must meet the following EB-1C requirements:

• Qualifying relationship between the foreign company and the US company
• US company has been actively doing business for at least one year
• US company conducts business in the United States and at least one other country
• US company has ability to pay the offered wage

 

To qualify for the EB-1C, the employee must meet the following EB-1C requirements:

• You were employed full-time outside of the United States by the foreign company for at least 1 year in the past 3 years prior to application or most recent nonimmigrant admission if you are already working for the US petitioning employer
• You were employed abroad in a managerial or executive position
• You are coming to work in the United States as a manager or executive

4. Qualifying relationship for EB-1C

To establish a qualifying corporate relationship between the foreign company and the US company, the key is ownership and control and whether the US petitioning entity and the foreign entity that is transferring the employee to the United States are properly related.

The qualifying relationship must exist at the time of filing the EB-1C application. There is no requirement that the corporate relationship exists throughout the period of qualifying employment. Corporate restructuring activities such as mergers, acquisitions, spinoffs or takeovers do not necessary preclude a company from filing an EB-1C petition.

A qualifying corporate relationship exists between the US and foreign company when the US company is:

• A parent company
• A subsidiary
• An affiliate
• Joint Venture, only in certain cases

Certain corporate relationships that do not qualify for EB-1C are:

• US branch office of foreign companies when the US branch is not a separate legal entity; if the US branch is a separate legal entity then it may qualify for EB-1C
• Sole proprietorships

5. Executive or Manager Position

To qualify for EB-1C the employee must come to work in the United States as:

• Executive
• Functional Manager, or
• Personnel Manager

An EB-1C executive is an individual who:

• Directs the organization, a department, subdivision or function of the organization;
• Establishes the goals and policies of the organization, component, or function;
• Exercises wide latitude in decision-making; and
• Receives only general supervision or direction from higher level executives, the board of directors, or shareholders of the organization.

An EB-1C personnel manager is a person who:

• Manages the organization, or a department, subdivision, function, or unit;
• Supervises and controls the work of other supervisory, professional, or managerial employees;
• Has authority to hire and fire employees or recommend other personnel actions such as promotion and leave authorization including for employees not directly supervised; and
• Directs the day-to-day operations of the activity or function for which he or she has authority.

An EB-1C function manager is a person who:

• Manages the organization, or a department, subdivision, function, or unit;
• Manages an essential function within the organization, or a department, or subdivision of the organization;
• Functions at a senior level within the organizational hierarchy or with respect to the function managed; and
• Directs the day-to-day operations of the activity or function for which he or she has authority.

6. Can a Startup or Small Business Apply for EB-1C?

While the EB-1C favors large multinational organizations, smaller businesses can also apply as there are no restrictions regarding the size of the US petitioning company. It is more challenging for a smaller company to prove eligibility for EB-1C than it is for a larger company.

However, our best EB1C lawyers in Miami, Florida USA can share success stories of smaller companies who have obtained EB1C green card for their executives and managers, including owners of smaller companies. Managers, executives and small business owners can also transition to an EB1C green card from L1 visa, E2 visa, TN visa, E1 visa, O1 visa or any other visa as long as they meet the EB1C requirements.

Smaller US companies and US companies in the start-up phase can qualify for an EB-1C as long as the US company has been doing business in the United States for at least 1 year and all other requirements for the EB-1C visa are met.   

One of the challenges with small businesses and startups is that the employees in managerial and executive positions oftentimes perform various functions including day-to-day activities while USCIS wants to see that day-to-day operations are carried out by personnel in non-managerial and non-executive positions. However, an EB-1C lawyer can assist your small business or startup to show how the day-to-day activities are handled by other employees and contractors working across the organization.

Another challenge for small businesses and startups applying for EB-1C is the ability to pay the offered salary. Founders and small business owners are often paid little in the early stages of a new company especially when investors are involved, yet a low salary can indicate to USCIS that the position is not a high-level manager or executive.

Looking for EB1C approval for small companies? Look no further! Our EB1C immigration team has a proven track record of helping small companies across the United States navigate the EB1C process for their employees and business owners.

7. What is the EB-1C Application Process?

The application process for EB-1C green card consists of the following steps:

• Employer files I-140 Immigrant Petition for Alien Worker with USCIS together with supporting documents
• If you are in the United States, you can file I-485 Application to Register Permanent Resident or Adjust Status concurrently with I-140 or after, when the visa category is current for your country of origin; or
• If you are not in the United States, you must go through consular processing by filing DS-260 after USCIS approves the I-140 and attending an in-person interview with a consular officer at the U.S. Consulate or Embassy in your country.

8. EB-1C Premium Processing

As of January 30, 2023, premium processing is available for EB-1C petitions filed prior or after January 30. This means that you can file for premium processing for all EB-1C petitions, including EB-1C petitions already pending or new ones.

Even if you initially did not apply for EB-1C with premium processing or premium processing was not available at the time of application, you can still upgrade your EB-1C visa petition to premium processing and obtain an answer in 45 days. To do that, you must file Form I-907 Request for Premium Processing Service with the required filing fee with USCIS.

The EB-1C premium processing fee is $2,805.  

9. EB-1C Processing Time

The processing time for EB-1C for multinational managers and executives is anywhere from 45 days to 6 months or more depending on whether you submit your EB-1C petition with premium processing or not.

The processing time for EB-1C filed via regular processing is approximately 6 months.

The processing time for EB-1C filed via premium processing is 45 days.

Keep in mind that you can upgrade an EB-1C petition to premium processing at any time by submitting a request for premium processing with USCIS together with required filing fee.  

10. Documents for EB-1C

You must provide supporting documents to qualify for an EB-1C visa. However, the documents you need to provide for an EB-1C visa depend on your specific case and there is no tailored list of documents for every situation. To determine what EB-1C documents are necessary in your particular case and what evidence is best to submit, you should consult with an EB-1C immigration lawyer.

Some of the documents for EB-1C are:

• Job offer from US company
• Description of Job Duties
• Resumes
• Diplomas
• Articles of Incorporation or Organization
• IRS corporate income tax returns
• Financial statements
• Organizational structure
• Business licenses
• Others

11. EB-1C Advantages

The EB-1C visa presents a number of advantages over other green card categories. The EB-1C advantages are:  

• No PERM labor certification required. You can get a green card via the EB-1C category without having to obtain a PERM labor certification from the U.S. Department of Labor (DOL). This means that you do not have to go through a recruiting process to demonstrate to the DOL that there are no U.S. workers with the minimum qualifications readily available. It also saves time because the PERM labor certification process typically takes 1 year or more. To learn more about the PERM process for EB-2 and EB-3 green card visit our PERM processing page.
• Fast processing. You can get a green card through EB-1C in as little as 45 days when you apply with premium processing. Moreover, since EB-1C is at the top of the employment-based green cards, there are generally no backlogs or there are shorter backlogs.
• Employee can have ownership in the US company. This is especially important for high-level employees who have an ownership interest in the US company and would otherwise not be able to qualify for EB-2 and EB-3. PERM labor certifications for EB-2 and EB-3 green cards are generally not available to employees who have an ownership interest in the US company.
• Ability to file for adjustment of status or immigrant visa immediately. For most cases, EB-1C comes with the ability to concurrently file an adjustment of status petition since the EB-1C visa category is often current.
• Family privileges. If your EB-1C visa is approved, then your spouse and children under 21 can obtain a green card to live permanently in the United States.
• No extraordinary ability or national interest. The EB-1C requirements are objective and you do not need to show that you possess extraordinary ability or your work is in the national interest of the U.S. as is the case with EB-1A and EB-2 NIW, respectively. Instead, for EB-1C, you need to show that you are performing managerial or executive duties for the employer and your professional background.
• No minimum investment is required. There is no minimum investment required for EB-1C, but the US employer must show that it has adequate capital to support its operations and ability to pay the offered salary.

12. EB-1C Important Things to Know

• You obtain a renewable green card valid for 10 years and not a 2-year conditional green card
• You need a qualifying US employer to file the EB-1C on your behalf, you cannot self-petition
• You must have a job offer from the qualifying US employer and the company must be able to demonstrate their ability to pay your salary.
• You can be an owner of the US employer
• You do not need a PERM labor certification to apply for EB-1C
• You can be inside or outside the United States when EB-1C petition is filed on your behalf
• You cannot change your employer while the EB-1C is pending
• You can transition from L-1 visa, L-1 visa for Canada, E-2 visa, E-2 for Canadians, E-1 visa, TN visa or others and apply for EB-1C
• If your EB-1C petition is approved, your spouse and children under 21 can obtain a green card

13. Do I need an L-1A visa to apply for EB-1C?

No, you do not need an L-1A visa to apply for EB-1C in the United States. You can apply for EB-1C without holding an L-1A visa. While most EB-1C applicants are already working in the United States on an L-1A or another visa, there is no requirement for the type of visa you must have to apply for EB-1C. You can be in the United States on other types of visas such as TN visa, E-2 visa, E-1 visa, E-3 visa, H-1B visa, O-1 visa and others.

Malescu Law can assist

Our experienced immigration lawyers in Miami, Florida USA are Board Certified and can assist international companies and individuals with EB-1C visa application. Contact us or schedule a consultation to discuss your case with our EB-1C visa lawyers in Miami, Florida USA.

EB-1C Visa Lawyer: Malescu Law – Business & Immigration Lawyers