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Overview:

The EB-1C visa is an employment-based immigrant visa category designed for multinational executives and managers who seek to live and work in the United States permanently. This category is particularly beneficial for individuals who have already been working in a managerial or executive role for a qualifying multinational company outside the U.S. for at least one year within the past three years. The EB-1C visa provides a direct pathway to a U.S. Green Card, allowing the holder to live and work permanently in the U.S.

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The EB-1C visa is part of the EB-1 category (employment-based first preference) and does not require a Labor Certification (PERM), which is a major advantage compared to other employment-based Green Card categories.

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Requirements:

To qualify for an EB-1C visa as a multinational manager or executive, several stringent criteria must be met. Below is a detailed breakdown of the requirements:

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1. Qualifying Employment: The applicant must have been employed in a managerial or executive capacity outside the U.S. for at least one year in the three years preceding the filing of the petition. This employment must have been with a qualifying multinational company (a foreign employer that has a related entity in the U.S.).
    

2. U.S. Job Offer: The applicant must have a valid job offer from a U.S. employer that is a subsidiary, branch, affiliate, or parent of the foreign company where the applicant was previously employed. The U.S. employer must offer the applicant a managerial or executive position that is similar to the role held abroad.
    

3. Managerial or Executive Capacity: 
   Managerial Capacity: The applicant must manage the organization, department, or a significant function of the organization, supervise other managerial employees, and have the authority to make personnel decisions (e.g., hiring and firing). 
   
   Executive Capacity: The applicant must have broad decision-making authority in terms of policies, goals, and overall direction of the company or a significant part of it.
    

4. Employer's Qualifications:

   • The U.S. employer must be actively doing business for at least one year before filing the petition.

   • Both the U.S. and foreign employers must be engaged in regular, systematic, and continuous business operations.
      

5. Intent to Continue in a Managerial or Executive Role: The applicant must intend to continue their managerial or executive duties after obtaining the EB-1C Green Card.
    

Benefits of the EB-1C Visa:

1. No PERM Requirement: Unlike other employment-based categories such as the EB-2 or EB-3, the EB-1C visa does not require the employer to go through the Labor Certification process (PERM), which makes the process significantly faster.
    

2. Direct Pathway to Green Card: The EB-1C visa is an immigrant visa, meaning it directly leads to U.S. permanent residency (Green Card).
    

3. Eligibility for Family Members: The EB-1C applicant’s spouse and unmarried children under 21 years of age are eligible to apply for permanent residency as derivative beneficiaries.
    

4. No Annual Cap: While EB-1 visas do have annual numerical limits, the demand for EB-1C visas tends to be lower compared to other visa categories, making this a faster route to permanent residency for qualifying applicants.
    

How to Apply for an EB-1C Visa:

Here is a step-by-step process to apply for an EB-1C visa:

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1. Employer Files Form I-140: The U.S. employer must file Form I-140, Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). The employer must submit evidence showing that the foreign employee meets the eligibility requirements as a multinational manager or executive.
    

2. Provide Required Documentation: The petition should be accompanied by supporting documents, including:
    

   • Financial records proving the employer is actively conducting business in the U.S. and abroad.

   • Evidence of the employee’s managerial or executive role in both the U.S. and foreign company.

   • Documents showing the relationship between the U.S. and foreign entities (e.g., articles of incorporation, business licenses).

   • Organizational charts showing the structure of both the U.S. and foreign company.

   • Job offer letter.
      

3. Adjustment of Status (Form I-485): Once Form I-140 is approved, if the applicant is already in the U.S. on a valid visa, they can file Form I-485 (Application to Register Permanent Residence or Adjust Status) to adjust their status to a Green Card holder.
   
   If the applicant is outside the U.S., they will need to go through Consular Processing to obtain an immigrant visa.
    

4. Interview and Green Card Issuance: After submitting all documents, the applicant may be required to attend an interview. Upon approval, they will receive their Green Card, allowing them to live and work permanently in the U.S.

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Backlogs and Processing Times

Country-Specific Quotas: The EB-1C visa is subject to annual limits, meaning that a certain number of visas are allocated for each country. For countries with a high volume of applicants, such as India and China, this can lead to significant backlogs. When the number of applicants exceeds the quota, those applicants may experience delays in receiving their visas.

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• Current Priority Dates: Applicants must keep an eye on the Visa Bulletin published by the U.S. Department of State. This bulletin provides information about the current priority dates for each visa category and country. If an applicant’s priority date is not current, they will not be able to proceed with the next steps of the application process, such as filing for Adjustment of Status (Form I-485) or applying for consular processing.
   

• Impact of Backlogs: Delays can affect the overall timeline for obtaining permanent residency. While EB-1C visas generally have a faster processing time compared to other employment-based categories, backlogs can lead to wait times of several months or even years for applicants from high-demand countries. This situation is particularly concerning for multinational companies that require timely relocations for their executives or managers.
   

• Adjustment of Status Delays: For individuals already residing in the U.S., a backlog in the EB-1C category may result in delays in their ability to file for Adjustment of Status. Applicants should be prepared for potential fluctuations in processing times and remain informed about changes in priority dates.
   

Contact Us:

If you are a multinational manager or executive looking to apply for an EB-1C visa, our boutique immigration law firm is here to assist you. We specialize in U.S. immigration law and can guide you through every step of the process, ensuring that your petition is accurately prepared and submitted. Contact us today to schedule a consultation!​