EB-1C Multinational Executives & Managers

EB-1C MULTINATIONAL EXECUTIVES & MANAGERS

This category of Green Card is available to those who are working for a business or company anywhere in the world that currently has an office in the USA, or would like to open an office in the USA, and wants to transfer a member of staff to the existing or pending US branch. “Company” also refers to nonprofit organizations. To qualify in this category, the alien must have been employed by the overseas parent, subsidiary or affiliate company for at least one year out of the preceding three years and must be coming to work in the United States in a managerial or executive capacity. The relationship between the overseas and US offices may be that of branch, subsidiary, affiliate or joint venture partner. Typically, one common person or business entity must own at least 50% of both the overseas and US companies, although other qualifying ownership scenarios are possible. The two entities do not have to be in the same type of business. The overseas office must remain in operation while the Green Card process is under way. The alien may apply directly for a Green Card. No labor certification is needed.

Eligibility

The EB -1C immigrant status is reserved for multinational executives and managers who have worked for at least one year as an executive or manager for an international company during the last three years. The qualifying work must have been performed outside of the United States and must have been performed for a company that is related to the company that will employ the executive or manager in the United States. Eligible immigrants do not need to complete a a labor certification. However, the United States business must have been in existence for at least one year before filling the petition.

Qualifications

Among other requirements, an immigrant seeking to gain permanent residency as an EB-1C recipient must demonstrate that the position sought will be in an executive or managerial capacity. To be considered a position with executive capacity, the position holder must:

  1. Manage an organization or major component,
  2. Have authority to make, police and establish goals,
  3. Have discretionary decision-making authority, and
  4. Be subject to only general supervision from higher executive, the board of directors, or stockholders.

To be considered a position with managerial capacity, the position holder must:

  1. Manage an organization or department,
  2. Supervise and control other managers or professional level personnel,
  3. Have authority to make personnel decisions, and
  4. Have discretion to make decisions about operations.

Documentation

Skilled Worker Required Documentation:

  • PERM Labor Certification
  • Proof of education completion
  • Any additional documentation relating to the PERM Labor Certification
  • Confirmation of permanent EB-1C job offer from U.S. employer
  • Petition for Immigrant Worker

Professional Required Documentation:

  • PERM Labor Certification
  • Proof of bachelor’s degree or foreign equivalent
  • Requirements of position (bachelor’s degree is mandatory)
  • Confirmation of permanent EB-1C job offer from U.S. employer
  • Petition for Immigrant Worker

Processing Time

Once you have all your documentation together, you will need to find an employer who is willing to sponsor you for the green card process. That employer must then go through an extensive recruitment process and determine the prevailing wage for your position in the geographical area that you will be working in order to obtain the PERM Labor Certification from the Department of Labor. Next, your employer will need to file an I-140 petition with the USCIS. Once the petition is received, that date will mark your priority date. You will need to wait and watch the monthly visa bulletin released by the Department of State to see if your priority is “current”, meaning that it matches or passes the final action dates given in the most recent bulletin. It is important to note that, as of the writing of this article, most of the final action dates for the EB-1C green card are backlogged only a few months, others are backlogged several years. If you are from China or India, be prepared to wait a considerable amount of time before your priority date is current. Keep in mind that the dates for the “other workers” group vary slightly from the dates for the other two groups. As soon as your date is current, you can file your I-485 petition to adjust your status if you are already in the U.S. Your status will automatically switch to legal permanent resident as soon as your I-485 is approved. However, there are a number of factors that can drastically change the amount of time your EB-1C green card will take.

  • The PERM Labor Certification process will take about 8 months without complications. If your employer is audited or subjected to supervised recruitment, this time could potentially increase to two years.
  • The I-140 takes an average of 6 months depending on the caseload of the Service Center that is processing the petition.
  • Waiting for your priority date can take anywhere from two months to over a decade depending on what your country of origin is.
  • The I-485 may take an average of 6 months to process as well. This step cannot be expedited by premium processing.

If six months is too long a time to wait for your I-140 to be processed, you can pay the extra fee to use premium processing, an optional service that shortens your petition’s processing time to 15 calendar days. So the total EB-1C processing time can be between 14 months in the best case scenario and up to 15 years in the worst case. Work with your EB-1C green card attorney to determine what you will be able to expect from your processing time. If your priority date wait time is too long, you may consider porting your EB-1C to EB-1B status. This is not an easy process and should only be attempted with the help of an EB-1C attorney.

Advantages

The EB-1C visa category is one of the most useful tools available to companies with a need to bring qualified foreign executives or managers to the U.S. By meeting the requirements to immigrate, the beneficiary can take advantage of benefits associated with an EB-1C visa, which include:

  1. Relocating with family
  2. No labor certification requirement
  3. No personal investment

How We Can Help Obtain Your EB-1C Visa

Due to the EB-1C visa petition needing to be presented in an organized manner with a cover letter strategically written as to highlight why the applicant is an outstanding professor, without confusing the case reviewer, it is important to higher an immigration attorney to prepare the case. Even if the applicant is qualified for an EB-1C visa, due to the complexity of the paperwork, immigration services may not understand the significance of the worker’s contributions. This is where an attorney plays a pivotal role in compiling the EB-1C application to ensure it is written in such as way as to clearly convey to the immigration service the significance of the applicant’s contributions to the skilled world to the immigration service. Furthermore, due to the attorney’s experience and deep knowledge of the EB-1C application process, they will be able to ensure that the proper documents are compiled and sent. At Rai & Associates, experienced attorneys will first evaluate your situation in order to select personalized options for a potential immigration petition. You can always start this process by sending us your resume either by e-mail to info@hsrai.com or by fax to +1 415-693-9135. After reviewing your resume, we’ll have a frank discussion with you regarding your ability to secure an EB-1C visa.

Our EB-1C visa attorneys experience benefits you in several key areas. We:

  • Clarify options and potential scenarios surrounding your case.
  • Assist you in collecting the proper information and documentation.
  • Correctly classify the application and ensure requirements are met.
  • Prepare and submit all USCIS and Department of Labor (DOL) forms and documentation.
  • Communicate with the DOL and USCIS throughout the process.
  • Monitor the entire EB-1C visa immigration application process.

EB-1C Visa Attorney Experience & Responsiveness that Makes a Difference. Our EB-1C Attorney Pledge:

  • 100% commitment to processing your EB-1C Visa quickly & successfully.
  • Strong EB-1C Visa attorney experience & knowledge.
  • Open EB-1C Attorney communication & responsiveness is among our top priority.
  • Highest level of EB-1C Visa Attorney service at an affordable FLAT rate.
  • Some EB-1C Visa applications can be submitted in as little as 1-2 weeks.
  • To discuss your case call: (415)-693-9131 or Mail Us.
Something very important you may want to know

Frequently Asked Questions

  1. 1
    Can an alien file on his or her own behalf for an EB-1C?

    No. A U.S. employer must petition for the alien under this classification. Accordingly, the alien employee is the beneficiary of an EB-1C application.

  2. 2
    Does the petitioning U.S. employer need to have a labor certification approved by the U.S. Department of Labor?

    No. Labor certification is not required for this classification, which is an advantage of EB-1C (as well as the other employment-based, first-preference visas: EB-1A and EB-1B). However, there must be an offer of employment from the U.S. employer.

  3. 3
    What initial requirements does the petitioning employer need to meet?

    The prospective employer must be a U.S. employer and demonstrate the ability to pay the proffered wage; is required to be the same employer or a subsidiary or affiliate of the firm, corporation, or other legal entity that employed the alien overseas; and has to have been doing business for at least one year.

  4. 4
    How does the employer apply for permanent residency for an alien who is a multinational executive or manager?

    Just as with other types of immigrant visas, there are two ways to go about obtaining permanent resident status on the basis of an EB-1C visa: applying for adjustment of status, if the alien is already in the U.S., or completing consular processing, if the alien is abroad. The petitioning U.S. employer must submit the following to U.S. Citizenship and Immigration Services (USCIS):

    • Form I-140, Petition for Alien Worker
    • A supporting letter of employment, which serves to verify that the alien will be working for the U.S. employer in the United States in the capacity indicated (i.e. as a manager or as an executive)
    • Documentary evidence attesting to both the petitioner’s and alien’s satisfaction of all requirements
    • After the I-140 is approved, the alien beneficiary can file for adjustment of status, if in the U.S., with Form I-485 or, if abroad, can proceed with consular processing to obtain a visa.

  5. 5
    Can the close family members (i.e. spouse or unmarried children under 21 years of age) of a multinational executive or manager earn permanent residency through the principal’s EB-1C visa? If so, what do they file, and when?

    Yes. Spouses and unmarried children under 21 of multinational executives or managers can gain permanent residency based on the principal alien. Dependents can file Form I-485, Form I-131 (Application for Travel Document), and Form I-765 (Application for Employment Authorization) concurrently, or subsequent to the principal alien’s filing both Forms I-140 and I-485. If dependents file after the principal alien files Form I-485, dependents must wait until the principal applicant receives a Form I-797, Notice of Action, from USCIS. Dependents must include a copy of the principal applicant’s Form I-797 with their filings. The principal’s Notice of Action will facilitate matching the dependents’ subsequent filings with the principal’s, thereby reducing the chances of delays in file routing.

  6. 6
    What does “executive capacity” mean?

    Executive capacity refers to an employee’s assignment in an organization in which the employee primarily:

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

  7. 7
    What does “managerial capacity” mean?

    Managerial capacity refers to an employee’s assignment in an organization in which the employee primarily:

    • Manages the organization, or a department, subdivision, function, or component, of the organization;
    • Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization;
    • Possesses the authority to hire and fire, or recommend those actions, as well as other personnel responsibilities, if directly supervising another employee or other employees; and
    • Exercises discretion and decision-making over the day-to-day operations of the activity or function over which the employee has authority.

  8. 8
    What does “multinational” mean?

    Multinational means that the qualifying business entity, or its affiliate or subsidiary, conducts business in two or more countries, one of which is the United States, where the petitioning employer is located.

  9. 9
    Can a petition be withdrawn?

    Yes, the petitioner or the Form G-28 representative may send a letter requesting to withdraw the I-140 petition to USCIS .

  10. 10
    If an EB-1C petition gets rejected, how long does it take to file under EB-1C or other categories again?

    The law does not restrict the time an EB-1C petition can be filed again after the rejection of the previous filing. A previously rejected petition does not bar a petitioner from submitting another petition subsequently, regardless which classification is concerned. However, unless the foreign beneficiary’s circumstance has improved, it is not advisable to simply submit a similar petition again.

  11. 11
    May the foreign employee changes employers while I-140 petition is pending?

    No. If the foreign national changes employers while I-140 is pending, a new I-140 must be filed.

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