All You Need to Know About the EB1C VISA

The EB1C visa is an immigrant visa designed for multinational managers and executives. It enables a foreign company to transfer a manager or executive to a related U.S. company without the need for an approved Labor Certification. The U.S. company must have been in business for at least one year at the time of the EB1C visa application, and the foreign worker's job duties must be primarily managerial or executive. The EB1C visa is similar to the L1A visa but is evaluated more strictly. It leads to U.S. green card status for the beneficiary, their spouse, and children under 21.

2. Benefits of an EB1C Visa:

i. No Labor Certification Required:

- Exemption from the time-consuming and tedious Labor Certification process, which is required for many other employment-based visas.

ii. Immigrant Visa Classification:

- Qualifies for U.S. green card status for the beneficiary, spouse, and unmarried children under 21.

- Allows travel in and out of the USA, work authorization, and access to U.S. schooling.

3. EB1C Visa Requirements:

To qualify for an EB1C Visa, there are five main requirements:

i. Qualifying Relationship:

- A qualifying relationship must exist between the foreign company and the U.S. company, categorized as Parent/Subsidiary, Branch Office, or Affiliate.

ii. Work Experience:

- The beneficiary must have worked for the foreign employer for at least one continuous year during the preceding three years before filing the EB1C petition.

iii. Managerial or Executive Capacity:

- The beneficiary must have worked for the foreign company in a managerial or executive capacity.

iv. Full-Time Job Offer:

- The beneficiary must have a full-time job offer to work for the U.S. company in a managerial or executive capacity.

v. One Year of U.S. Company Business:

- The U.S. company must have been doing business for at least one year prior to filing the EB1C petition.

4. Documents Needed for an EB1C Visa:

Documents required for an EB1C petition include:

- Signed statements explaining 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 material to prove one year of business operation.

- Detailed organizational charts for both companies.

- Signed statements explaining the beneficiary's job description and daily duties with time percentages.

5. Process of Applying for an EB1C Visa:

i. Step 1: Hire an Immigration Lawyer:

- Consult a qualified immigration lawyer who will analyze your case and provide guidance on document collection.

ii. Step 2: File Form I-140:

- The U.S. company files Form I-140, the Immigrant P

etition for Alien Worker, on behalf of the foreign worker, including all supporting documents.

iii. *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.).

The EB1C visa is a powerful option for foreign businesses to transfer managers or executives to related U.S. companies. It leads to U.S. green card status, but approval requires strict adherence to requirements. Seeking assistance from an immigration lawyer is crucial for a successful EB1C visa application. For inquiries or assistance, CONTACT US