Frequently Asked Questions about the EB-1C Visa

Frequently Asked Questions about the EB-1C Visa

 

Is the EB-1C visa the best U.S. visa choice for me?

 

There are several ways the EB-1C visa may benefit you.  The EB-1C visa does not require that you first obtain a Labor Certification.  Your sponsoring employer does not need to show that there is a shortage of qualified U.S. workers to submit your immigration petition.   This all helps speed up the processing of obtaining your immigrant visa.  The EB-1C category allows for intra-company transferees to bring their family to the United States with them. Their family members can obtain work authorization to take up employment while they are in the United States.  Additionally, you can travel abroad freely without having to obtain advanced parole or worry about jeopardizing their legal status.

 

It is also important to note that the chances of approval of your EB-1C petition are very high if you were in the United States in L-1A status previously.  For more information on the L-1A non-immigrant visa, please read more here.  [LINK TO L-1A]

 

I am a noncitizen; can I file for myself under this U.S. visa classification? 

No. A United States employer must petition for you under the EB-1C category.  You must also be employed in a managerial or executive capacity for the employer.

 

What initial USCIS requirements does the petitioner/company/business have to meet? 

The prospective employer must:

  • be a U.S. employer
  • demonstrate the ability to pay the proffered wage
  • be the same employer or a subsidiary or affiliate of the firm or corporation or other legal entity that employed the alien overseas
  • have been doing business for at least one year

 

What initial USCIS requirements or qualifications do I have to meet to be a beneficiary for the EB-1C petition? 

As a multinational manager or executive, you must have:

  1. Been employed for at least one year outside the U.S. in the three years preceding the petition by the company;
  2. The 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.

 

What initial evidence can my employer provide to demonstrate that I meet these requirements? 

Your employer must provide a statement showing that you have:

  1. Been employed for at least one year outside the U.S. in the three years preceding the petition by the company;
  2. Engaged in employment outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.

What does “doing business” mean? 

“Doing business” means the regular, systematic, and continuous provision of goods and/or services by a firm, corporation, or other entity and does not include the mere presence of an agent or office.

What does “executive capacity” mean? 

Executive capacity means an assignment within an organization in which the employee primarily:

  1. Directs the management of the organization or a major component or function of the organization;
  2. Establishes the goals and policies of the organization, component, or function;
  3. Exercises wide latitude in discretionary decision-making; and
  4. Receives only general supervision or direction from higher-level executives, the board of directors, or stockholders of the organization.

 

What does “managerial capacity” mean? 

Managerial capacity means an assignment within an organization in which the employee primarily:

  1. Manages the organization, or a department, subdivision, function, or component of the organization;
  2. 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;
  3. 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; and
  4. Exercises direction over the day-to-day operations of the activity or function for which the employee has authority.

 

What does “multinational” mean? 

Multinational means that the qualifying business entity, or its affiliate or subsidiary, conducts business in two or more countries, one of which is the United States.

How does the employer apply for permanent residency for an alien who is a multinational executive or manager? 

There are two different ways to go about obtaining an EB-1C visa: adjustment of status (AOS), if you are already in the United States, or consular processing if you are out of the country.  The following petition papers must be collected and sent to the USCIS by the petitioning employer:

 

  1. The Petition for Alien Worker
  2. A supporting letter of employment from the U.S. employer, verifying that the alien will be working for them in the United States in the necessary capacity.
  3. Other documentary evidence required for the petition.

 

Upon approval of the Petition for Alien Worker, the beneficiary can file for AOS or goes through consular processing to obtain his or her U.S. visa. For more information on consular processing and adjustment of status, please read more here.  [LINK TO AOS]

What evidence can the employer petitioner provide to demonstrate they meet these initial requirements?

The petitioner should provide the following evidences to demonstrate they meet these EB-1C requirements:

  1. Evidence of the ability to pay proffered wage shall be either in the form of copies of annual reports, federal tax returns, or audited financial statements.
  2. Evidence of the fact that the petitioner is the same employer and has been doing business for a year shall be a statement that indicates the alien:
  3. Is to be employed by the same employer by which the alien was employed abroad;
  4. The employer has been doing business for one year or more.

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