EB-1C MULTINATIONAL MANAGER VISA
EB-1C Overview
EB-1C is a first-preference immigration category for highly proficient and skilled multinational managers and executives who are intracompany transferees seeking permanent residence in the U.S. while continuing their employment with the same company or its affiliated entity in a managerial or executive role.
Requirements for successfully applying in this category are divided between both petitioning employer and employee beneficiary.
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Petitioner: Multinational company with a well-established and efficiently operating U.S. branch
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Beneficiary: The foreign employee must hold a managerial or executive position and possess the requisite work experience
EB-1C Eligible Applicants
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Senior managers and executives in multinational corporations
Suitable for those holding senior management or executive positions in multinational companies. Including general managers, senior managers, business owners, shareholders, and similar.
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People with excellent management experience and skills
Individuals possessing exceptional management expertise and skills demonstrate their proficiency through successful performance in senior management roles within international organizations. This includes overseeing leadership teams, making strategic decisions, managing finances, planning strategically, and driving business development initiatives.
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Businesspeople who want to expand into the US market
If applicants have a proven history of successful business endeavors outside the United States and intend to expand their operations into the US, the EB-1C visa enables them to concurrently grow their business in the US while pursuing permanent residency, effectively achieving two objectives with one application.
Streamlined Green Card Process
EB-1C recipients can obtain their permanent green card directly in the United States, bypassing the need to navigate temporary green card conditions. This means securing permanent residency in just one step.
Exemption from Labor Certification
Employers in the US are not required to submit a labor certification (PERM) application to the Department of Labor for EB-1C applicants. This saves significant time and reduces legal expenses for both applicants and employers.
Benefits Extend to Entire Family
Upon approval, the beneficiary's spouse and children under 21 years old are eligible to also receive permanent green cards. This opens up opportunities for the entire family, including access to K-12 free public education and other benefits in the US.
Simplified Eligibility Criteria
EB-1C sets minimal requirements for beneficiaries, mandating only executive-level experience within the overseas parent company for at least one of the preceding three years. There are no constraints related to other financial sources, language proficiency, or age.
No Proof of Funding Origin Required
Unlike some other visa categories, EB-1C does not necessitate the beneficiary or the employing company to demonstrate the source of funds. However, it is essential to verify that the US company's funds are derived from the affiliated overseas enterprise, which must be a legitimate entity.
EB-1C Requirements
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Overseas Company
● Attained a quantifiable level of development
● Ongoing and anticipated continuation of business operations
● Establishment of a qualifying relationship with a U.S. company, typically involving ownership of more than 51% of shares
Processing of EB-1C
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Evaluation, service contract signing
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Document preparation
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Filing of I-140 Immigrant petition with USCIS
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Approval of I-140 (expedited processing within 45 days)
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Interview at National Visa Center (NVC) or filing I-485 (if inside the U.S.)
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Entire family obtains green cards for the United States
Q&A
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Q: Can an executive file an EB-1C petition for himself or herself?
A: No. The EB-1C application must be submitted by the U.S. company that employs the executive as the applicant and sponsors the immigration application. In an EB-1C petition, the employee is the beneficiary of the petition.
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Q: Can companies outside the United States apply for EB-1C through the acquired U.S. company?
A: Yes. The EB-1C application requires that the domestic company in the United States and the overseas company (which can be a domestic parent company) have a quantifiable relationship. This requirement can be met if the domestic parent company acquires 51% or more of the equity of the U.S. company through acquisition.
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Q: Can a newly established US company apply for EB-1C?
A: The U.S. company applying for EB-1C needs to be established for at least one year. In practice, newly established companies often struggle to fulfill the criteria for hiring executive positions as required in the EB-1C application process due to their limited size and short operational history.
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Q: I am an executive, vice president, or legal representative of a company. Can I apply?
A: Yes. As long as your company has the ability to apply for EB-1C, a legal representative, chairperson, shareholder, or senior executive can all apply for this classification of visa.
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Q: Does the U.S. company have to align with the same general industry as the overseas company?
A: Overseas companies looking to expand into the United States through acquisitions or partnerships must assess the profitability and potential synergies with the target company, irrespective of its industry. There are no strict industry requirements for such collaborations. Even companies operating in different sectors can explore investments across various industries in the United States, including financial technology, trade, logistics, manufacturing, and more.
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Q: What is the key to successful EB-1C approval?
A: The USCIS mainly looks at two points when reviewing EB-1C:
First, authenticity, that is, whether the parent company actually exists .
Second, they look at the operational history, organizational structure of the U.S. company, and the applicant's role in the company.