The EB1C visa is an immigrant visa category tailored for multinational managers and executives. It allows a foreign company to transfer a qualified manager or executive to a related U.S. company without the need for an approved Labor Certification. To qualify, the U.S. company must have been in business for at least one year at the time of the application, and the foreign worker’s job duties must be primarily managerial or executive in nature. While the EB1C visa is similar to the L1A visa, it is subject to stricter evaluation. Successful applicants and their immediate family members—spouse and children under 21—are granted U.S. green card status.

Benefits of the EB1C Visa

• No Labor Certification Required:
  The EB1C visa process does not require the time-consuming Labor Certification, making it more efficient compared to other employment-based visas.
• Immigrant Visa Classification:
  The EB1C visa qualifies the beneficiary, along with their spouse and unmarried children under 21, for U.S. green card status. This status allows for travel in and out of the United States, work authorization, and access to U.S. educational institutions.

EB1C Visa Requirements

To qualify for the EB1C visa, applicants must meet the following five main requirements:

1. Qualifying Relationship:
   There must be a qualifying relationship between the foreign company and the U.S. company, categorized as Parent/Subsidiary, Branch Office, or Affiliate.
2. Work Experience:
   The beneficiary must have worked for the foreign employer in a managerial or executive capacity for at least one continuous year within the three years preceding the filing of the EB1C petition.
3. Managerial or Executive Capacity:
   The beneficiary must have held a managerial or executive role at the foreign company.
4. Full-Time Job Offer:
   The beneficiary must have a full-time job offer to work in a managerial or executive capacity for the U.S. company.
5. One Year of U.S. Company Business:
   The U.S. company must have been actively doing business for at least one year prior to filing the EB1C petition.

Documents Needed for an EB1C Visa

The required documents for an EB1C petition typically include:

• Signed statements detailing the qualifying relationship between the foreign and U.S. companies.
• Tax returns, stock ownership records, articles of incorporation, and by-laws for both companies.
• Business license, lease agreement, state and federal tax returns, W-2s, business pamphlets, and promotional materials to prove one year of business operation.
• Detailed organizational charts for both companies.
• Signed statements explaining the beneficiary’s job description and daily duties, including time allocations.

Process of Applying for an EB-1C Visa

1. Step 1: Consult an Immigration Lawyer:
   It is advisable to consult a qualified immigration lawyer who can analyze your case and guide you through the document collection process.
2. Step 2: File Form I-140:
   The U.S. company files Form I-140, the Immigrant Petition for Alien Worker, on behalf of the foreign worker, along with all supporting documents.
3. Step 3: Adjustment of Status or Visa Processing:
   Choose between Adjustment of Status (for those lawfully present in the U.S.) or Visa Processing (for those outside the U.S.).