Visas For International Executives And Managers
Portions of the content on this page are available as public information on the USCIS website.
Criteria for Eligibility
The EB-1C program allows an overseas company to transfer a multinational manager or executive to the U.S. to work in the U.S. Similar to the L-1A, the EB-1C does allow qualified applicants to apply for lawful permanent residency. Petitions for the EB-1C visa category must generally be accompanied by the following:
- Evidence that there is a qualifying corporate relationship between the U.S. employer and the overseas company;
- Evidence that the U.S. company has been in business for over a year and has the ability to pay the manager or executive’s salary
- Evidence of the U.S. company’s ongoing operations and profitability, including evidence of current business licenses and over 25 employees (with two layers of management).
- Timing: If the U.S. company is new (startup), then the EB-1C can be filed 1 year later after the L-1A visa has been approved. If the U.S. company is an existing business that has been operating over a year, the EB-1C may be filed simultaneously with the L-1A petition
After evidence is prepared, the employer can file an I-140 immigrant visa petition on behalf of the foreign national with USCIS. Once approved, if the foreign national is inside the United States in a valid visa status, they are able to file an I-485 application to change their nonimmigrant status to permanent resident status when they become eligible for an immigrant visa (based on their country of birth and specific immigrant visa category).
If the foreign national is outside of the United States, they can proceed with Immigrant Visa processing through a U.S. Embassy or Consulate abroad. The foreign national can enter the United States as a lawful permanent resident upon approval of their immigrant visa and availability of visas (based on country of birth and specific immigrant visa category).
Family of EB-1C Visa Holders
Spouses and unmarried children under the age of 21 of foreign nationals of approved EB-1C visas are eligible to apply for lawful permanent residence.
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