EB-1C Visa

for the united states

Employment-Based (EB) visa categories provide an immigrant pathway for the United States. In other words, those that qualify for an immigrant-based visa will become US Permanent Residents (i.e. Green Card holders). Most direct visa for intracompany transfer to the United States

There are five Employment-Based Visa categories, and even more variations within each category. We focus specifically on providing a comprehensive immigration-solution for two “Employment Based” visa categories – mainly, the EB-1C for multinational managers or executives and the EB-5 investor visa.

For those who may qualify, the EB-1C immigrant visa category presents one of the most attractive pathways to a US Green Card. Applicants are essentially being providing with a Green Card based on their individual merit – unlike other business and investor-based visas, the EB-1C visa does not require capital contributions or large sums of investment to qualify. In fact, there are no investment requirements at all, rather an applicant must clearly demonstrate that they are multinational manager or executive.

EB-1C: GENERAL REQUIREMENTS

A US immigration officer will evaluate a multitude of documents to determine whether or not you meet the threshold of a Multinational manager or executive. Similar to the L-1 and E-2 visa categories, there are very strict definitions for what it means to be a “Manager” or “Executive”. Some of the most important metrics to consider will be:

  • Organizational structure of the employer entities (i.e. total number of employees, number of physical offices, tiers of employees within the organization, and role of applicant within this organization)

  • Total revenue figures for the employer entities

  • That the entities meet the “corporate relationship” requirements with the US entity – i.e. parent/subsidiary, branch and affiliate structures

  • How long the applicant has been effectively working in the United States

  • Number of successful non-immigrant applications (i.e. L1 and E2)

L1/E2 & EB-1C Immigration Strategy

While it is possible to apply directly for the EB-1C visa, it is important to consider the high-level threshold requirements. An applicant will be getting a Green Card based on the merits of their professional background and position as a high-level manager or executive in a multinational company. Therefore, if you are applying directly for the EB-1C, it is important to speak with an expert immigration attorney to ensure that you have a viable case filing.

We have partnered with leading business-immigration lawyers that specialize in L-1, E-2, EB-1C, and EB-5 visa categories. These expert immigration attorneys have decades of combined experience representing business-visa applicants and building sound immigration solutions for our clients. Our clients possess a diverse range in terms of the size, scope and nature of their respective businesses. From smaller size businesses where the total employees may be less than ten, upwards to large-scale multinational entities that have thousands of employees.

Overall, many of our clients pursue a short and long-term strategy that combines a non-immigrant (L1 or E2) visa filing with an immigrant (EB-1C or EB-5) visa filing. This solution has multiple advantages, such as permitting an applicant to enter the United States for purposes of living and working or owning a business within 3-5 months, and in parallel employing a strategy that will ultimately put the applicant in a strong position to file the immigrant based visa.

  • Flexibility to live and work in the United States before becoming a permanent resident;

  • Ability to simply own or invest a business as an executive and not manage the daily operations of a US business

  • Adjustment of status while within the United States from a non-immigrant to immigrant visa

  • Minimal or no investment requirements

  • Opportunity to actually live in the United States in the short-term and make an informed decision for purposes of long-term business and family planning

  • Favorable processing timelines to obtain Green Card within one-year

  • Pathway for citizenship within 5-years

 For those that are considering the EB-5 investor visa – a total of $900,000 USD – but are concerned about lengthy processing times and retrogression (i.e. India, China, and Vietnam), you may want to consider our special EB-1C Executive Investor Package Solution.

EB-1C: FREQUENTLY ASKED QUESTIONS

How do I qualify for the EB-1C Visa?

It is required that the applicant be employed outside the United States for at least 1 year in the 3 years preceding the petition or the most recent lawful nonimmigrant admission if you are already working for the U.S. petitioning employer.

The U.S. employer must have been doing business for at least 1-year to have a qualifying relationship to the entity an applicant worked for outside the U.S.

You must clearly demonstrate that you are working in an executive or managerial capacity.

How long does the EB-1C process take?

Generally, 9-12 months. However, this depends on other variables such as the government processing times as well as the details of your specific case. The first step is to file the I-140 Immigrant Petition for Alien Works with USCIS. One may also submit an I-485 Adjustment of Status.

Can I adjust status from a L-1 to EB-1C?

Generally, yes. There is nothing restricting a L-1 visa holder from submitting an EB-1C application. That said, our expert US immigration attorneys provide a tailored solution for each individual case. For example, for smaller size businesses (10-15 employees) and new office L-1 petitions, it oftentimes makes sense for the applicant to await for a second approval on a L-1 extension or renewal. Having more than one non-immigrant (L-1 or E-2) approval from USCIS carries a lot of weight when submitting an immigrant visa application.

Can I adjust status from an E-2 to EB-1C?

Oftentimes, immigration advisors forget that it is possible for an E-2 visa holder to be eligible for an EB-1C visa. This is because the most common pathway to an EB-1C is through the L-1, which has similar regulatory requirements, and literally has the same “multinational manager or executive” title. However, our expert immigration attorneys successfully employ a strategy for qualified E-2 visa holders to transition into an immigrant based EB-1C visa.

The same EB-1C requirements apply, and the applicant must demonstrate that they are a multinational manager or executive, however oftentimes, the E-2 applicant is, by definition an executive. It is simply a matter of ensuring that a corporate relationship exists between the US enterprise and a foreign-business. Like many other visa categories this can seem complex, which is why structuring your immigration pathway from the beginning will only increase your chances of meeting long-term goals.

I want to apply for the EB-1C, what are the next steps?

First it is necessary to ensure that you meet the core requirements. Please contact us today for a free consultation.