The EB-1C immigrant category belongs to the First Preference visa category. An employment-based petition for permanent residence can be obtained through a First Preference Immigration Petition (EB-1). The EB-1C visa is an excellent way for overseas companies to expand their business into the U.S. This is because the EB-1 allows smaller companies to transfer expert managers or employees, with direct company experience, to the U.S. Doing so will allow the business to set up standard new branches in the U.S. which closely follow the company’s main mission and goals.
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EB-1C Visa Requirements
The EB-1C visa is a unique employment-based visa which allows overseas managers and executives to permanently immigrate to the U.S. This visa category differs from the non-immigrant L1-A category. The goal of the EB-1C is to encourage foreign business expansion in the U.S. Both applicant employees and employers have specific visa EB-1C requirements that must be satisfied.
Requirements for the EB-1C Employer
There are specific criteria that must be satisfied on the part of the employer.
The employer must have a verifiable, “qualifying relationship” with a foreign company. For example, they could be a qualifying entity, such as a branch, affiliate, subsidiary or parent company. In addition, the employer must conduct business in the U.S. and at least one other country. This could also be indirectly through another qualifying company. Finally, the employer must be commercially active in the U.S. for at least one year. Large, well-established companies will be able to meet these requirements more easily assuming they are well documented. Smaller or newer companies will be expected to satisfy the same criteria by providing detailed documentation in order to establish their eligibility to sponsor an employee for EB-1C status.
Requirements for the EB-1C Employee
The applicants must be able to prove that they currently fulfill a role within the organization as a manager that directs daily operations, oversees a department and is authorized to make personnel decisions. For smaller companies, securing an EB-1C visa for a foreign-born executive can be difficult due to the extensive documentation requirements. Additionally, the EB-1C applicant must have been employed for at least one year within the past three years by the overseas qualifying entity. The applicant must work in the U.S. in either a managerial or executive capacity. The managerial requirement is met through the applicant proving that they:
- Direct daily activities and operations.
- Currently function as manager of a department or component.
- Are authorized to make personnel decisions, such as hiring and firing.
- Supervise and oversee the work of other management personnel or manage a key function within the organization, department or subdivision.
Candidates Should Satisfy L-1A Guidelines
The EB-1C visa category was specifically created for overseas managers and executives who not only meet L1-A visa requirements, but who may also be interested in becoming lawful U.S.permanent residents. The L1-A visa was created for overseas managers and executives to reside and work in the U.S. under a temporary status. The primary difference between the L-1A and EB-1C is the specified time frame. The EB-1C category secures permanent lawful status while the L1-A only provides temporary lawful status. Keep in mind that an applicant with a previous L-1A status will have a stronger case when applying for EB-1C status.
Contact Us to Get Started
It is highly recommended that those wishing to pursue EB-1C visa consult with an immigration attorney who is experienced managing EB-1C applications. Potential applicants or sponsoring employers who wish to pursue an EB-1C visa should call the offices of KPPB Law or, contact our firm online. Our immigration attorneys are highly experienced in managing EB-1C applications and we are confident in our ability to help secure the best results possible. We offer consultations either by phone or at our offices. Contact us to learn more about your eligibility and how we can help you move forward with your case.