EB-1C Managers & Executives
The EB-1C is an immigrant visa for multinational managers and executives. It allows foreign companies to transfer its managers and executives to its U.S. parent, subsidiary, affiliate company on a permanent basis. This is a common option for foreign nationals in L-1 nonimmigrant status to obtain permanent residency as the requirements of EB-1C and L-1 are similar. A foreign national does not need to be in L-1 status to qualify for the EB-1C.
The requirements for the EB-1C are as follows.
There must be a qualifying corporate relationship between the foreign company and the U.S. company.
The U.S. company petitioning for the alien must be a parent, subsidiary, or affiliate of the foreign company that employed the alien abroad.
- A parent company should have at least 50 percent ownership interest in the subsidiary entity. The parent should also have the right to control the subsidiary.
- An affiliate relationship requires the two companies to be owned and controlled by the same individuals and each of those individuals holds approximately the same amount of ownership interests in both companies.
The qualifying relationship should exist at the time the immigrant petition is filed, but it does not need to exist through the alien’s employment with the foreign company abroad. The relationship should be maintained until the alien’s visa is issued or adjustment of status is granted.
The U.S. company has been actively doing business for at least one year.
Doing business refers to the regular, systemic, and continuous provision of goods and/or services. This means that the U.S. company cannot simply be an agent or representative office of the foreign company. Unlike the L-1, the EB-1C does not have a new office provision and requires the U.S. company to have been in business for at least one year.
The foreign national must have been employed in a managerial or executive capacity abroad for one continuous year on a full-time basis.
The one year of employment must be during the three years immediately preceding the filing of the EB-1C immigrant petition. If the alien is already in the United States working for the same employer, subsidiary, or affiliate of the employer abroad, the one year of continuous employment must be during the three years preceding his or her entry to the United States as a nonimmigrant worker. Unlike in the L-1 context, the foreign national’s employment abroad cannot be in a specialized knowledge capacity.
There must be a permanent, full-time offer of employment from U.S. company in a managerial or executive position.
Similarly, the foreign national’s employment by the U.S. company must also be in a managerial or executive capacity. The U.S. company must be able to demonstrate its ability to support the foreign national in this capacity on a full-time basis.
Dependent Family Members
Spouse and minor children can be granted immigrant visa status as dependents. Special attention to the petition process is required if there are children approaching 21 years old.
An immigrant petition with documentary evidence establishing eligibility must be submitted to U.S. Citizenship and Immigration Services. Currently, USCIS does not offer a premium processing option for adjudicating immigrant petitions filed under the EB-1C classification. Those already in the United States under lawful status may apply for an adjustment of status upon the approval of the petition. If the alien is overseas, he or she must obtain an immigrant visa at a U.S. embassy or consulate.