Eligibility:

The EB-1C visa is an employment-based petition for permanent resident status, targeting individuals seeking to work in the United States as executives or managers within a multinational company. To qualify, applicants must have received an offer of employment from a U.S. company that has a qualifying relationship with their foreign employer. This relationship typically involves the U.S. company being an affiliate, subsidiary, or parent company of the applicant’s foreign employer. Additionally, the U.S. entity must have been conducting business in the United States for at least one year prior to the application.

Requirements and Documentation:

Applicants must provide comprehensive documentation and written explanations regarding the nature, scope, and activities of both the foreign and U.S. entities, as well as the relationship between them. Additionally, evidence must be presented to demonstrate that the applicant’s position qualifies as either executive or managerial under the relevant regulations.

Key documentation includes:

• Details outlining the nature, scope, and activities of both the foreign and U.S. entities.
• Evidence of the applicant’s employment for at least one year in an executive or managerial capacity at the foreign entity within the past three years.
• Documentation confirming that the position offered by the U.S. entity is indeed executive or managerial in nature.

For managers, responsibilities typically include overseeing a function or department, supervising employees, and managing daily activities. Executives, on the other hand, are expected to make significant decisions independently, direct managers, and establish long-term goals and policies.

The qualifying business relationship between the two entities must be established, the applicant must be qualified for the offered position, and the U.S. entity must have the financial capacity to support the position.

Applicants can pursue the EB-1C visa either from within the United States through adjustment of status with USCIS or from outside the U.S. through consular processing at a U.S. consular office abroad.

Validity:

Upon approval, the Permanent Residence card (green card) is initially valid for 10 years and must be renewed before expiration. However, the permanent resident status itself does not expire.

In certain cases, conditional permanent resident status may be granted, requiring the cardholder to apply to remove conditions within two years. Subsequently, the permanent resident card is valid for successive 10-year periods.

Family Members:

Spouses and unmarried children under the age of 21 are eligible to accompany the primary visa holder as derivative beneficiaries of an approved I-140 petition.

Jurisdiction:

EB-1C visa petitions are processed directly with USCIS, with priority dates assigned. Following the approval of the I-140 petition, applicants can choose to adjust their status within the U.S. or undergo consular processing overseas.

Given the unique circumstances of each case, it is advisable to seek personalized guidance from immigration attorneys to assess eligibility and explore available options for the EB-1C visa. Contact our firm to schedule a consultation.