EB1-C, The Other Permanent Residence Visa
EB1-C is a lesser known--but equally sure--route to lawful permanent residence. As affordability of the EB5 visa decreases in the context of increasingly stringent requirements, foreign investors are looking for viable alternatives. The EB1-C visa is such an alternative.
Our reasonably-priced EB1-C business plans are highly-detailed and contain the documentation required for a successful petition. It is critical that the submission contain the required information because the burden of proof is on the petitioner to establish that the request is valid.
The burden of proof in EB1-C cases rests solely with the petitioner. The petitioner has to provide substantial evidence of the employer and the foreign national’s position and duties. If a beneficiary is qualified, the probability of success depends largely on the way the case is presented. If the evidence is relevant and well presented, and the argument is made persuasively, then the case should be approved routinely.
Download information on our EB1-C business plan--who qualifies as a multinational executive or manager, the documentation you will need and how we can help you assemble it, and pricing.
Once you have read through the information on this page about and EB1-C visa and how we can help you get one, we are sure that you will at least want to learn more about it.
Why Consider an EB1-C Visa?
- The labor certification process as a lengthy, time-consuming, and tedious process can be avoided should individuals apply for an EB1-C visa category.
- The EB1-C visa category is current and there are no expected delays in visa issuance.
- The premium processing option which allows the expedited adjudication of EB1-C applications is open to individuals applying under the EB1-C category. There has been a recent fee increase for premium processing.
- There is no need to demonstrate that no qualified U.S. worker exists for the position.
- The beneficiary’s spouse and unmarried children under 21 are eligible to obtain U.S. permanent residency through the EB1-C visa category as well.
- Green card holders can travel in and out of the USA.
- The beneficiary has work authorization to work in any lawful capacity in the USA.
- The beneficiary has access to US schooling for the entire family.
The most significant benefit to this visa is that it is a permanent residence visa.
Who is the Multinational Executive or Manager?
The EB1-C multinational executive or manager is defined under section 203(b)(1)(C) by their role in the organization, as follows:
Executive capacity means an assignment within 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.
Managerial capacity means an assignment within 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;
- If another employee or other employees are directly supervised, has the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization), or, if no other employee is directly supervised, functions at a senior level within the organizational hierarchy or with respect to the function managed; and
- Exercises direction over the day-to-day operations of the activity or function for which the employee has authority.
Multinational means that the qualifying entity, or its affiliate, or subsidiary, conducts business in two or more countries, one of which is the United States.
Who Is the EB1-C Petitioner? The Beneficiary?
Under the USCIS rules, the U.S. employer has to file the petition for the manager or executive transferee. The petition must be accompanied by a statement from the U.S. employer affirming all of the pertinent requirements, including a description of the job duties to be performed by the foreign beneficiary in the United States, the job duties performed by the foreign beneficiary abroad, and the periods of employment by the foreign beneficiary abroad.
Can a foreign company satisfy the one-year doing business requirement in the US by acquiring a US company?
There is no requirement that a qualifying relationship exist between the U.S. and foreign entity for a period of one year prior to the filing of the EB1-C petition. The regulations only require that the U.S. entity must have been doing business for at least one year. As a result, a U.S. entity that has been acquired by a foreign corporation may immediately file a first preference petition on behalf of a manager or executivewho worked for the foreign entity in a qualifying capacity for the requisite period of time.
EB1-C Visa Requirements
There are five primary EB1-C requirements:
- There must be a qualifying relationship between the foreign company and the US company.
- The visa beneficiary must have worked for the foreign employer for at least one continuous year during the preceding three years prior to filing the EB1-C visa petition.
- The visa beneficiary must have worked for the foreign company in a managerial or executive capacity.
- The visa beneficiary must have a full-time job offer to work for the US company in a managerial or executive capacity.
- The US company must have been doing business for at least one year prior to filing the EB1-C petition.
Read more here:
§ 204.5 Multinational Executives and Managers, which contains definitions and requirements for this category.
Matter of G- Inc., Adopted Decision 2017-05 (AAO Nov. 8, 2017) PM-602-0148, which clarifies how a beneficiary can establish that they will be employed in a managerial capacity as a “function manager”
Matter of S- P-, Inc., Adopted Decision 2018-01 (AAO Mar. 19, 2018) PM-602-0158, which clarifies the one-year criterion for the beneficiary who worked abroad for a qualifying multinational organization