Last Updated on April 20, 2024 by Anda Malescu
Success! We recently had an EB1C approved for the Chief Executive Officer (CEO) of a technology company. The company offers software solutions and data services to clients in the financial technology (FinTech) industry and has operations in the United States, United Kingdom and European Union. Despite the fact that the company’s operations in the United States are small, in this case, the EB-1C based I-140 was approved after a Request for Further Evidence (RFE).
The RFE concerned the company’s ability to pay the CEO’s salary. Our law firm was able to use its legal and finance background to build a successful case for the client and overcome the RFE, resulting in an approved EB-1C green card for the company.
The EB-1C petition was filed with U.S. Citizenship and Immigration Services with 45 days premium processing. The overall processing time for the EB-1C I-140 from the time of application until approval was 2.5 months, including the response and processing of the RFE.
To apply for an EB-1C green card, the US company must petition for their foreign employee by filing form I-140 and supporting documents with USCIS in order to establish that it meets the requirements for the EB-1C visa. The EB-1C visa is a green card category for the United States available to certain multinational executives and managers who have worked for the company abroad as a manager or executive for at least 1 year in the past 3 years and the company has operations in the United States and at least one other country. To learn more about all the EB-1C requirements visit our EB-1C visa page.
Filing the I-140 petition is only the first step in the EB-1C immigration process. At the time of filing and after, it is critical that you establish a valid basis for the EB-1C otherwise USCIS may deny your case.
Further, the foreign employee must also file for their green card based on the EB-1C as an Adjustment of Status if they are in the United States at the time of filing, or as an immigrant visa if they are located outside the United States. For those filing for EB-1C-based green card with an Adjustment of Status it is possible to obtain an interview waiver from USCIS and not attend a formal interview with an USCIS officer.
To learn more about changing jobs or employer in the United States while your EB-1C I-140 is pending please visit the EB-1C Change of Job or Employer here. To learn more if you can apply for an EB-1C without an L-1 visa, visit our Can I Apply for EB-1C without L-1 page here.
Malescu Law can assist
Contact our experienced immigration lawyers in Miami, Florida, USA to schedule an appointment for your immigration case and find out more about the EB-1C green card process from our best EB-1C lawyer in Miami, Florida USA.
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