EB-1C Petition for Immigration

EB-1C Petition for Immigration

 

The employment-based immigrant category, or EB-1C petition, was created for managers and executives who meet certain criteria and are interested in becoming lawful permanent residents.  The EB-1C immigrant category visa is in the “First Preference Category” when processed by USCIS.  To obtain an EB-1 status, you may apply for Adjustment of Status if you are already in the United States, or through consular processing at a U.S. consular office if you are abroad.

Am I eligible for the EB-1C petition?

 

You must have been employed outside the United States in the three years preceding the petition for at least one year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization.

 

  • Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.

 

  • Your petitioning employer must be a U.S. employer.  No labor certification is required but a job offer by the U.S. organization is required.

 

  • Your petitioning employer must have been doing business for at least one year.

 

If you need assistance in completing, filing and substantiating your EB-1C petition, please call or email our experienced Los Angeles immigration and green card attorneys.  We offer a free initial consultation and can help you navigate the path to a U.S. green card. [LINK TO CONTACT JCS]

Potential Obstacles to EB-1C Approval

 

USCIS immigration officials are likely to deny an EB-1C petition if they find that the beneficiary will not be employed in an executive or managerial capacity.  The Immigration and Nationality Act offers specific definitions of “executive capacity” and “managerial capacity.”   An EB-1C petition is also likely to be rejected if the USCIS officials find that the employer fails to demonstrate an ability to pay the proffered wage or salary to the beneficiary.

Proving that you are employed in an Executive or Managerial Capacity

 

If you are employed as an executive, you will have to demonstrate to USCIS that your duties include activities such as:

 

  • Exercising wide latitude in discretionary decision-making without direct supervision from higher executives, board of directors or stockholders
  • Directing management of an organization, a major component, or function of that organization
  • Establishing goals and policies at the organization

 

If you are employed as a manager, you will have to demonstrate to USCIS that your duties include activities such as:

 

  • Managing the organization, department, component or functions of the organization
  • Supervising and controlling the work of other supervisory, professional or managerial employees
  • Exercising direction over day-to-day operations of activities or functions
  • Hiring and firing personnel, or making other related decisions

 

General supervisors are usually not considered managers for EB-1C visa purposes unless the employees they supervise are professional level, such as lawyers, accountants, nurses, etc.

Requirements for the EB-1C Petitioning Employer

 

  • The company must have a qualifying relationship with a foreign company, such as a parent company, branch, subsidiary, or affiliate.  For more information on qualifying organizations, please read more here.  [LINK TO QUAL. ORGS L-1]

 

  • The company must conduct business as an employer in the United States and in at least one other country directly or through a qualifying organization in the regular, systematic, and continuous provision of goods or services.

 

  • The company must have been in existence in the United States for at least one year

 

  • petitioner’s ability to pay according to whether any of the following circumstances are satisfied

USCIS director will determine the ability to pay based on the sum of the evidence to prove the financial ability of the petitioning employer.  The petitioning employer can prove the financial solvency by the following:

 

    • Company’s net income, which should indicate that the petitioner employer’s net income is equal to or greater than the proffered wage.

 

    • Company’s net current assets should reflect that the petitioner employer’s net current assets are equal to or greater than the proffered wage.

 

    • Employment and pay records of the beneficiary employee that demonstrate verifiably that the petitioner employer has employed the employee, and has paid or currently is paying the proffered wage.

Immigration law is a complex and changing field.  At JCS Immigration and Visa Services, we are dedicated to being current and at the forefront the legal frontier.  We can meet all of your immigration needs.  Call or email our experienced Los Angeles immigration, green card and visa attorneys today! [LINK TO CONTACT JCS]

 

Can my spouse and unmarried children under 21 gain permanent residency through this classification?

Yes. Your spouse and unmarried children under 21 can gain permanent residency based on the principal beneficiary of an EB-1C visa.  Dependents may file an Application for Travel Document and Application for Employment Authorization concurrently or subsequent to principal beneficiary’s petition.

If dependents file after the principal beneficiary files petition, dependents must wait until the principal applicant receives a Notice of Action from USCIS.   In that case, dependents must include a copy of the principal applicant's Notice of Action with their USCIS filings.  This aids in the processing of the dependent applications and filings.

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