While other categories of EB-1 visas require “extraordinary ability” in various fields (such as EB-1A) or notable educational achievement (such as EB-1B), the EB-1C visa requires neither. Instead, those who wish to enter the U.S. on an EB-1C visa must be working as managers or executives within the upper levels of U.S.-affiliated companies abroad (or in some cases, in the US).
In more cases than not, these managers will be required to transfer to the U.S. due to a lateral decision made on the executive level within the company. While the decision to immigrate on an EB-1C green card may not have been their idea, recipients are typically pleasantly surprised to learn that the EB-1C offers many distinct advantages over other types of employment-based visas.
If you’ve been asked by your company to emigrate to the U.S. on an EB-1C visa or you are the employer of an EB-1C applicant, it’s important to prepare for the legal process ahead. This article will explain everything you need to know about how an EB-1C visa lawyer can help maximize your chances for EB-1C green card approval.
Are you preparing to apply for an EB-1C visa? Don’t make the mistake of doing it all alone—Naya Immigration is here to help. Contact our law firm to speak with an immigration law expert today.
EB-1C Visa Overview
The EB-1C visa is a category of employment-based immigration in the United States that is designed for multinational managers and those working in an executive capacity. This visa allows foreign managers and executives who have been employed abroad by a qualifying multinational company to transfer to the United States to work for a related entity. The purpose of the EB-1C visa is to facilitate the transfer of key personnel within multinational corporations. This may include:
- Senior executives
- Regional managers
- Divisional managers
- Financial managers
- Human resource managers
- IT Managers
This particular type of green card not only helps the process of transferring essential management from one branch to another regardless of the country, but it also helps facilitate a smooth transition for members of management teams to create a life for themselves in the US.
Let Us Help
Let us guide you through your immigration journey with expert care and dedication—contact us today to see how we can help you achieve your goals.
Benefits of an EB1C Green Card
The EB-1C immigrant visa category is designed for multinational executives or managers who are transferred to the United States to work for a related U.S. employer. Here are some benefits of obtaining an EB-1C Green Card:
- Priority processing. EB-1C is part of the Employment-Based First Preference (EB-1) category, which generally has a shorter processing time compared to other employment-based green card categories. This can expedite the overall application process.
- No labor certification required. Unlike some employment-based green card categories, the EB-1C does not require the employer to undergo the labor certification process. This can save time and effort for both the employer and the employee.
- Permanent residency for immediate family. Once the EB-1C green card is approved, the spouse and unmarried children under 21 years of age are also eligible to apply for permanent residency (green card) as dependents of the primary beneficiary.
- Path to U.S. citizenship. Holding an EB-1C green card provides a pathway to American citizenship. After holding the green card for five years, the individual can apply for U.S. citizenship, assuming they meet the other eligibility requirements.
While acquiring an EB-1C green card has numerous benefits and isn’t as bogged down by as many restrictions as other types of nonimmigrant visas, not every type of manager or executive will be eligible. Let’s take a closer look at the specific eligibility requirements you’ll need to meet for your EB-1C visa application to be accepted by the United States Citizenship and Immigration Services (USCIS).
EB-1C Visa Requirements
There are several sets of requirements that both you and your employer must meet for you to be admitted into the U.S. on an EB-1C visa. Your company must have a legitimate working relationship with the U.S. company you are transferring to, such as that of a subsidiary, branch, affiliate, or department of the company that you currently work for. They also need to have been in business for at least one year prior to you applying for your EB-1C.
The eligibility requirements that you must meet will be a little more stringent, particularly when it comes to the type of work you perform in your managerial or executive role within the company. To meet these requirements you must:
Be working in a managerial or executive role within the company for at least one continuous year within the three-year period preceding your application
- Be either a personal or function manager, meaning your role must be to manage the supervisory roles themselves or the roles of other professionals—not day-to-day operations, laborers, or lower-level employees
- Have a legitimate full-time job offer from an affiliate company in the U.S.
It’s important to note that this is only a generalized explanation of the guidelines and that some applicants have unique circumstances that impact their eligibility. If you have questions about the EB-1C visa process or need legal representation, contact Naya Immigration for top-tier legal advice. Our team of dedicated immigration attorneys can help give your application the edge it needs.
How to Get an EB-1C Visa
If you meet the eligibility requirements, the next step will be for the company affiliate in the U.S. to file a visa petition on your behalf, typically through the aid of a visa and immigration lawyer. This will be done through Form I-140, which must be submitted along with several pieces of documentation, including the following:
- Your offer of employment
- Statements signed by both you and your employer attesting that they meet the eligibility guidelines
- Articles of incorporation for both entities of the company (US and abroad)
- Two passport-style photographs
- Birth certificate or passport
Once your I-140 has been accepted by the USCIS, your application will move into the interview stage. If you are already in the US, you’ll need to file additional paperwork, including Form I-485. If you are living abroad at the time of your application, a U.S. consulate or embassy will be in contact with you to schedule your interview, which will affirm that the statements you and your employer have made are truthful and accurate, as well as to address any remaining issues preventing immigration. If all remaining issues are corrected in consular processing, your visa will be issued in several months up to a year and a half.
Naya Immigration: EB-1C Visa Lawyers in California
As an executive-level manager, you’re likely familiar with the saying “Time is money.” When it comes to working through the U.S. immigration system, this saying couldn’t be more true.
When applying for the EB-1C, filing the preliminary paperwork alone can be expensive. For every mistake you make, you may be asked to refile, or, in the worst-case scenario, you may be required to appeal—a far more expensive endeavor.
Why risk valuable company resources when there’s an easy solution? Contact the law office of Naya Immigration to speak to one of our visa attorneys about how we can save you time and money during the EB-1C application process.
Disclaimer
The information on this website is for general information purposes only and does not constitute solicitation or provision of legal advice. Viewing information on this website and/or contacting Naya Law Group, PC does not establish an attorney-client relationship. This blog should not be used as a substitute for obtaining legal advice for any individual case or situation from an attorney licensed or authorized to practice in your jurisdiction.
Contact Us
Don’t let Immigration be complex and overwhelming, our experienced legal team is here to guide you every step of the way.
Contact us today to schedule your confidential consultation. Let us help you build your future.
