Our law firm regularly handles EB-1C visa petitions. We provide this guide which goes over typically asked questions such as visa requirements and more.
What is an EB-1C Multinational Manger/Executive and who Qualifies?
click here to read moreThe EB1C visa, also known as the Multinational Manager or Executive visa, is a type of employment-based, first-preference visa for individuals who have been offered a job in the United States as a manager or executive. The EB1C visa is designed for foreign workers who have been transferred from a foreign branch, subsidiary, affiliate, or parent company of a U.S. company to work in a managerial or executive capacity.
Eligibility Requirements for an EB1C Visa
To be eligible for an EB1C visa, the following criteria must be met:
- The foreign worker must have been employed outside the United States in a managerial or executive capacity for at least one of the three years preceding the application.
- The foreign worker must have been transferred to the U.S. company to work in a managerial or executive capacity.
- The U.S. company must have a qualifying relationship with the foreign company, such as being a branch, subsidiary, affiliate, or parent company.
- The foreign worker must be entering the United States to continue to work in a managerial or executive capacity for the same employer or a related employer.
In addition to these eligibility requirements, the foreign worker must also meet the U.S. immigration laws and regulations, including the requirement to have a valid passport and a valid job offer from a U.S. employer.
Sources:
- U.S. Citizenship and Immigration Services (USCIS): https://www.uscis.gov/green-card/green-card-processes-and-procedures/employment-based-immigration-first-preference-eb-1/eb-1-multinational-executive-or-manager
- Department of State (DOS): https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2022/visa-bulletin-for-february-2022.html#2
EB-1C Required Documents
click here to read moreEB1C visa, also known as Multinational Manager or Executive visa, is a popular choice for executives and managers of multinational companies who want to transfer to the United States. If you are interested in applying for an EB1C visa, it is important to know what documents are required and have a checklist to ensure that you have everything you need to make a successful application.
Here is a list of required documents and a checklist to help you with your EB1C visa application:
- Passport: You will need a valid passport from your country of origin.
- Labor Certification: You do not need a Labor Certification for EB1C visa, but it is important to check with USCIS to see if it is required in your specific case.
- Form I-140, Immigrant Petition for Alien Worker: This form is the main petition that you need to submit to USCIS. You can find it on the USCIS website.
- Evidence of the foreign company: You will need to provide evidence of your current employment and the foreign company you work for, such as business licenses, articles of incorporation, and tax returns.
- Evidence of your job position: You will need to provide evidence of your job title, job duties, and the length of time you have been working in the current position.
- Evidence of your qualifications: You will need to provide evidence of your education and work experience. This can include diplomas, transcripts, and letters from previous employers.
- Proof of relationship between the U.S. and foreign company: You will need to provide evidence of the relationship between the U.S. and foreign company, such as contracts, joint ventures, and license agreements.
- Proof of ability to pay: You will need to provide proof of your ability to pay for your living expenses while in the United States, such as bank statements or a letter from your employer.
- Form I-485, Application to Register Permanent Residence or Adjust Status: If you are already in the United States, you will need to complete this form.
- Biometric services fee: You will need to pay a fee for biometric services, which includes fingerprinting and a photo.
By following this checklist and submitting all the required documents, you will increase your chances of a successful EB1C visa application. Make sure to check with USCIS for any updates or changes to the requirements, and consider consulting with an immigration attorney if you have any questions or concerns.
Source:
- USCIS. (2022, October). EB-1C Visa: Multinational Manager or Executive. Retrieved from https://www.uscis.gov/green-card/employment-based-immigration-first-preference-eb-1/eb-1c-visa-multinational-manager-or-executive.
- USCIS. (2021, December). Form I-140, Immigrant Petition for Alien Worker. Retrieved from https://www.uscis.gov/i-140.
- USCIS. (2022, December). Form I-485, Application to Register Permanent Residence or Adjust Status. Retrieved from https://www.uscis.gov/i-485
Interesting EB-1C Visa Statistics and Facts
click here to read moreEB-1C visa, also known as Multinational Manager or Executive visa, is a popular option for executives and managers of multinational companies who want to transfer to the United States. There are many interesting statistics and facts about the EB-1C visa that highlight its importance in the world of immigration and international business.
Here are some interesting statistics and facts about the EB-1C visa:
- High approval rate: The EB-1C visa has a high approval rate compared to other employment-based visas. According to recent data from the United States Citizenship and Immigration Services (USCIS), over 70% of EB-1C visa petitions are approved.
- Fast processing times: The EB-1C visa has faster processing times compared to other employment-based visas. USCIS data shows that the average processing time for an EB-1C visa is between 4 and 6 months.
- Popular among multinational companies: The EB-1C visa is popular among multinational companies, as it allows executives and managers to transfer to the United States to help manage their U.S. operations.
- Supports economic growth: The EB-1C visa supports economic growth by allowing multinational companies to bring talented executives and managers to the United States, where they can contribute to the economy and create jobs.
US Presidents have also recognized the importance of the EB-1C visa in promoting economic growth and supporting multinational companies. For example, in his State of the Union address in 2018, President Trump talked about the importance of immigration in supporting economic growth and job creation, and highlighted the EB-1C visa as a way for multinational companies to bring talented executives and managers to the United States.
In conclusion, the EB-1C visa is an important tool for executives and managers of multinational companies who want to transfer to the United States. With a high approval rate, fast processing times, and support from US Presidents, the EB-1C visa continues to play an important role in the world of immigration and international business.
Sources:
- USCIS. (2022, October). EB-1C Visa: Multinational Manager or Executive. Retrieved from https://www.uscis.gov/green-card/employment-based-immigration-first-preference-eb-1/eb-1c-visa-multinational-manager-or-executive.
- The Wall Street Journal. (2018, January 30). President Trump’s 2018 State of the Union Address: Full Transcript. Retrieved from https://www.wsj.com/articles/president-trumps-2018-state-of-the-union-address-full-transcript-1517313252.
- CNN. (2018, January 31). 5 takeaways from Trump’s first State of the Union. Retrieved from https://www.cnn.com/2018/01/30/politics/state-of-the-union-2018-takeaways/index.html.
- Fox News. (2018, January 30). Trump highlights immigration, economy in first State of the Union. Retrieved from https://www.foxnews.com/politics/trump-highlights-immigration-economy-in-first-state-of-the-union.
Should You Hire an Immigration Lawyer to Prepare Your EB-1C Case?
click here to read moreThe EB-1C visa, also known as the Multinational Manager or Executive visa, is a popular option for executives and managers of multinational companies who want to transfer to the United States. If you are considering applying for an EB-1C visa, you may be wondering whether you should hire an immigration lawyer to help you prepare your case. Here are some compelling reasons why you should consider hiring an immigration lawyer to help you with your EB-1C visa application:
- Expertise: Immigration lawyers have extensive knowledge of immigration law and procedures, including the EB-1C visa. They can help you understand the requirements for the visa and ensure that your application is complete and meets all of the necessary criteria.
- Increase your chances of approval: Hiring an immigration lawyer can increase your chances of approval for an EB-1C visa. Lawyers are familiar with the USCIS policies and procedures, and can help you prepare a strong case that meets the USCIS’s requirements.
- Save time and stress: Preparing an EB-1C visa application can be time-consuming and stressful, especially if you are unfamiliar with the process. An immigration lawyer can handle the administrative tasks, allowing you to focus on other important aspects of your life.
- Avoid costly mistakes: Preparing an EB-1C visa application on your own can be challenging and mistakes can be costly. An immigration lawyer can help you avoid costly mistakes and ensure that your application is prepared correctly.
- Represent you in case of an RFE: If the USCIS issues a Request for Further Evidence (RFE), an immigration lawyer can help you respond to the RFE and represent you in case of any other issues that may arise during the visa application process.
In conclusion, hiring an immigration lawyer to help you prepare your EB-1C visa application is a smart choice. An immigration lawyer can help you increase your chances of approval, save time and stress, avoid costly mistakes, and represent you in case of an RFE.
Reasonable Attorney Fees for an EB-1C Petition?
Our firm handles EB-1C visa petitions at highly competitive rates. Click here to reach our legal fee schedule.
Contact Us
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.
Additional EB1C FAQ
click here to read moreWhat is the EB-1C “One-in-Three” Rule Explanation
The “one-in-three” rule for EB-1C is applicable when the beneficiary is outside the United States during filing. This rule requires the petitioner to establish that the beneficiary’s one year of qualifying foreign employment transpired within the three years immediately preceding the submission of the EB-1C petition.
What are the Possible Options for Denied EB1C Applications
In the event of an EB1C Green Card application denial, USCIS issues a written notice detailing the grounds. Depending on the reason, applicants may have options to appeal, file a motion to reopen or reconsider, or refile the application to address the issues identified by USCIS.
How difficult is it to secure EB-1C approval?
The difficulty lies in the burden of proof, squarely on the petitioner’s shoulders. Substantial evidence substantiating the employer and foreign national’s position and duties is essential for a successful EB-1C petition approval. Diligent documentation is crucial in meeting this evidentiary requirement.
Can you switch jobs on an EB-1C visa?
Yes, you can switch jobs within the same U.S. company, transitioning between managerial and executive roles. However, an amended EB-1C petition must be filed with USCIS by the employer at the time of the job change to ensure compliance with visa requirements.
Is an EB1C Application Without L-1A Possible?
Yes, it’s possible. You can apply for both L-1A and EB-1C visas from within the U.S., provided you’ve worked for the foreign entity linked to your U.S. employer for at least one continuous year within the past three years. This eligibility criterion facilitates a streamlined application process.
What is the difference between L-1A and EB1C?
While L-1A status enables office transfers, EB1C status necessitates the U.S. office to have been in operation for at least one year before the application filing date. This distinction highlights the varying prerequisites for these two immigration statuses.
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