The EB-1C immigrant visa is included within the First Preference visa category. This category allows non-immigrant aliens to obtain permanent resident status in the U.S. based on an employment first preference. An employment based petition is filed by a U.S. employer and can be obtained with an EB-1 status. The EB-1C visa is an employment based visa that allows international managers and executives to secure permanent residency in the U.S. by working for domestic companies that require their expertise. The EB-1C visa is a convenient way for foreign companies to expand their business into the U.S. because of the EB-1 visas’ allowance for smaller companies to transfer highly qualified and experienced managers and employees to the U.S. This then creates an advantage for overseas businesses to establish new offshore company branches in the U.S.
EB-1C Visa Requirements
The EB-1C Visa is unique because it allows managers and executives from foreign countries to gain permanent residency in the U.S. only due to the fact that they possess highly qualified skills to help grow their businesses abroad. The EB-1C visa encourages foreign direct investment and business expansion in the U.S. There are specific requirements for both the employee applicants and their potential employers that must be satisfied for the employee applicant to be issued an EB-1C Visa.
EB-1C Visa Employer Requirements
The employer must satisfy specific criteria before an EB-1C. The first of which is that the employer have a “qualifiable relationship” with a foreign company. An example would be that of the employer acting as a qualifying entity, such as a subsidiary, parent company, affiliate or branch. Additionally, the employer must conduct business both in the U.S. and one other foreign country. This could occur indirectly if the employer uses another qualifying company. Lastly, the employer must be active in commerce in the U.S. for a period of at least one year. Large, established companies will likely be able to meet these requirements easily if they are well-documented. Smaller or start-up companies may not have much tougher of a time meeting these requirements if they provide detailed documentation that establishes their eligibility to sponsor an employee under EB-1C status.
EB-1C Visa Employee Requirements
Applicants for the EB-1C visa should be able to provide evidence that they currently act as a manager that manages daily operations, oversees a department and makes personnel decisions. Smaller companies may have a more difficult time winning a petition for an EB-1C visa for a non-U.S. citizen executive. This is due to the volume of documentation required of such a manager. An EB-1C applicant must also have been employed for at least one year within the past three years by a qualifying overseas entity. The applicant should fill a managerial or executive role in the U.S. located company. The applicant meets the managerial requirement by providing evidence that they:
- Direct daily activities and operations
- Currently manage and direct a department or component
- Are authorized to make personnel decisions
- Supervise and oversee the work of management personnel
- Manage an important part of the organization, department or subdivision
Satisfying L-1A Guidelines
EB-1C overseas manager and executive applicants should be in compliance with the L1-A visa requirements if they wish to become permanent U.S. residents The L1-A visa was designed for overseas managers and executives to live and work in the U.S. temporarily. The EB-1C visa differs from the L1-A visa in terms of the time frame requirements, whereby the EB-1C visa allows an executive or manager to secure lawful permanent residency while the L1-A only grants only temporary lawful residency. If an applicant has a previous status as an L-1A, it will muhc easier for them to make the case for an EB-1C visa.
EB-1C Visa Guidance
It is important for those wishing to pursue an EB-1C visa to consult with an immigration attorney with extensive experience in managing EB-1C application cases. Managers or executives who desire employment in the U.S. or their sponsoring employers are wise to retain the assistance of an attorney who can put them in the best position to successfully win a petition and obtain an EB-1C visa. Contact Johnson & Masumi P.C. by phone or online to schedule an initial consultation about eligibility for an EB-1C visa and any help beginning the application process.