EB-1C Multinational Manager or Executive

What is the EB-1C Multinational Manager or Executive Category?

The EB-1C is a first-preference employment-based immigration category designed specifically for multinational managers and executives who are being transferred from a foreign company to its U.S. affiliate, subsidiary, parent, or branch office. This category is the permanent residence equivalent of the L-1A nonimmigrant visa.

The EB-1C category recognizes the importance of allowing multinational companies to transfer their key leadership personnel to the United States on a permanent basis, facilitating international business operations and investment.

EB-1C Eligibility Requirements

To qualify for an EB-1C green card, you must meet all of the following requirements:

1. Employment Relationship

• You must have been employed outside the United States for at least one full year within the three years preceding either your entry as a nonimmigrant or filing of the EB-1C petition
• The employment must have been in a managerial or executive capacity
• The foreign company must have a qualifying relationship with the U.S. company (parent, subsidiary, affiliate, or branch)
• The U.S. company must have been doing business for at least one year
• You must be coming to the U.S. company to work in a managerial or executive capacity

2. Managerial Capacity

To qualify in a managerial capacity, you must:

• Manage the organization, department, subdivision, function, or component
• Supervise and control the work of other supervisory, professional, or managerial employees, or manage an essential function
• Have the authority to hire and fire or recommend personnel actions
• Exercise discretion over day-to-day operations of the activity or function

3. Executive Capacity

To qualify in an executive capacity, you must:

• Direct the management of the organization or a major component or function
• Establish goals and policies
• Exercise wide latitude in discretionary decision-making
• Receive only general supervision from higher-level executives, board of directors, or stockholders

4. Qualifying Corporate Relationship

The U.S. and foreign entities must maintain a qualifying relationship as:

• Parent and subsidiary
• Affiliates owned and controlled by the same individual or group
• Affiliates that are joint ventures each controlled by the same entities
• Branch office

The EB-1C Application Process

The EB-1C application process typically involves the following steps:

Step 1: Employer Petition

The U.S. employer must file Form I-140, Immigrant Petition for Alien Worker, on your behalf with USCIS. The petition must include:

• Evidence of the qualifying corporate relationship between the U.S. and foreign entities
• Documentation that both companies are actively doing business
• Evidence of your employment abroad in a managerial or executive capacity for at least one year within the past three years
• Proof that you will be employed in the U.S. in a managerial or executive capacity
• Organizational charts showing your position in both companies
• Detailed job descriptions for your foreign and U.S. positions

Step 2: Adjustment of Status or Consular Processing

After the I-140 is approved, you can either:

• File for adjustment of status (Form I-485) if you are already legally in the U.S., OR
• Undergo consular processing if you are outside the U.S.

Step 3: Biometrics and Interview

You will need to attend a biometrics appointment and possibly an interview, depending on your case specifics.

Step 4: Receive Green Card

Upon approval, you will receive your permanent resident card (green card).

Advantages of the EB-1C Category

The EB-1C category offers several significant advantages:

• Priority processing with generally shorter waiting times than other employment-based categories
• No labor certification (PERM) requirement
• No need to demonstrate extraordinary ability or outstanding achievement
• Seamless transition from L-1A status (though L-1A is not a prerequisite)
• Premium processing available for the I-140 petition
• Ability to obtain permanent residency for your spouse and unmarried children under 21

Key Challenges in EB-1C Cases

Some common challenges in EB-1C cases include:

• Proving the qualifying corporate relationship, especially for complex corporate structures
• Demonstrating that both companies are actively doing business
• Establishing that your role is genuinely managerial or executive rather than primarily performing operational duties
• Showing that the U.S. company has been operating for at least one year (particularly challenging for newer operations)
• Documenting the managerial or executive nature of your foreign employment

How Our Firm Can Help

JZ Law Group provides comprehensive legal services for the EB-1C process, including:

• Evaluating eligibility and developing application strategies
• Advising on corporate structuring to establish or maintain qualifying relationships
• Documenting the managerial or executive nature of your positions
• Preparing detailed job descriptions that clearly establish job duties and responsibilities
• Helping create effective organizational charts
• Gathering and organizing financial and operational evidence for both companies
• Preparing and filing the Form I-140 petition with USCIS
• Responding to Requests for Evidence (RFEs)
• Assisting with adjustment of status or consular processing
• Preparing you for interviews

Why Choose JZ Law Group for Your EB-1C Case

Our firm has extensive experience helping multinational executives and managers secure permanent residency through the EB-1C category. We understand the complex corporate and immigration issues involved in these cases and work closely with both the transferring executives and their employing companies.

Our attorneys have handled EB-1C petitions for companies ranging from emerging startups to established multinational corporations across diverse industries. We have a deep understanding of what USCIS looks for in these petitions and how to present your case in the most compelling manner.