What is an EB-1C Petition and Who Qualifies?
EB-1C is an employment-based immigrant visa for executives and managers transferred from a multinational corporation. Applicants for EB-1C need to be 1) employed as an executive or manager; 2) by a qualified company; 3) for at least 1 of the past 3 years.
An executive, for the purpose of EB-1C application, is someone who directly manages the organization or major part of the organization, directs goals and policies, has decision making authority and is only generally supervised by superiors.
A manager, for the purpose of EB-1C application, is someone who manages a subdivision of an organization, supervises and controls the work of other managerial employees or manages an essential function of the company.
A qualified company is either a U.S. affiliate, parent or subsidiary of a foreign business entity.
The applicant must be employed outside of the U.S. for at least 1 of the past 3 years prior to filing for EB1C, with foreign company that is related to the US company sponsoring the immigration petition in a managerial or executive role. If the applicant is already in the U.S. on a non-immigrant visa, then the past 3 year prior requirement means the 3 years prior to admission to the U.S., not 3 years prior to filing EB-1C.
Evidence showing beneficiary has worked for the petitioning company in a managerial or executive capacity for the requisite time period may include but is not limited to:
- pay stubs
- company support letters verifying executive/managerial role
- past employment experience letters and resume
The petitioning company must show that they are a U.S. parent, subsidiary or affiliate of the business entity where beneficiary was employed. Necessary documents may include but is not limited to:
- articles of incorporation
- statement of ownership and control by an authorized company official
- corporate bylaws
- corporate income tax returns
- Lease of business locations
- Evidence of relationship with affiliated foreign company
The above is only to give an idea of some of the documents needed, and is not an exhaustive list by any means. Each case is unique, and will have it’s own complexities.
The process to obtain an EB-1C visa is generally faster than employment-based categories since a Labor Certification is not required. The company does not need to show that there are no qualified U.S. workers for the position to be filled by the applicant.
Experience with establishing that the applicant and company qualify under the legal definitions required by the USCIS is crucial to presenting a compelling application. USCIS heavily scrutinizes these applications, and if the initial presentation does not define the foreign and US positions as managerial, responding with a differing explanation of the position can present inconsistencies that USCIS may use to deny such cases. A knowledgeable attorney can help ensure the EB-1C application has all the elements necessary to satisfy the requirements of the immigration authorities, and that an eligible case is properly presented at the outset.
To discuss EB-1C petitions and other types of employment based petitions with an experienced immigration attorney from the American Visa Law Group, feel free click the contact us tab and fill out the inquiry form or call us at 510-500-1155.