EB1C

EB-1C Green Card: For Multinational Executives and Managers

Introduction

The EB-1C Green Card is an employment-based immigration category designed for multinational executives and managers who seek to live and work permanently in the United States. This category is specifically for those who have been employed in a managerial or executive role for a multinational company and are now being transferred to a U.S. affiliate, subsidiary, or branch of that company. The EB-1C provides a direct path to permanent residency for these high-level professionals and their families.

What is the EB-1C Green Card?

The EB-1C is part of the Employment-Based First Preference (EB-1) category and is intended for foreign nationals who have been serving as executives or managers in multinational companies. It allows U.S. companies to transfer their top-level talent from overseas to the United States, helping them grow their operations and leverage global expertise. Unlike other employment-based green card categories, the EB-1C does not require labor certification (PERM), streamlining the application process.

Key Benefits of the EB-1C Green Card

• No Labor Certification Required: Unlike some other employment-based green card categories, the EB-1C does not require labor certification (PERM), saving time and effort in the application process.

• Direct Path to Permanent Residency: Once approved, the EB-1C provides permanent resident status (green card) for the executive or manager and their immediate family members (spouse and unmarried children under 21).

• Priority Processing: As part of the EB-1 category, the EB-1C often benefits from shorter processing times compared to other employment-based green cards, especially in cases where the priority date is “current.”

Eligibility Criteria for the EB-1C Green Card

The EB-1C green card has specific requirements that must be met by both the employer (U.S. company) and the employee (executive or manager):

1. Employer Requirements:

   • The U.S. employer must be a branch, affiliate, parent, or subsidiary of a multinational company.

   • The company must have been conducting business for at least one year in the United States before filing the EB-1C petition.

2. Employee Requirements:

   • The employee must have been employed outside the U.S. in a managerial or executive capacity for at least one of the three years preceding the transfer to the U.S. branch.

   • The employee must be offered a managerial or executive position within the U.S. company.

3. Defining Managerial and Executive Capacity:

   • Managerial Capacity: This involves managing an organization, department, subdivision, or function. The manager must have the authority to hire, fire, and supervise other employees, or to manage an essential function of the organization.

   • Executive Capacity: This involves directing the management of an organization or a major component. The executive sets the company’s goals and policies and has wide latitude in decision-making.

The EB-1C Application Process

The application process for the EB-1C Green Card involves several steps, primarily handled by the U.S. employer:

1. Employer Files Form I-140:

   • The U.S. employer must file Form I-140, Immigrant Petition for Alien Worker, on behalf of the executive or manager. The petition should include documentation proving the relationship between the U.S. and foreign entities and evidence of the employee's role as an executive or manager.

2. Submit Supporting Documentation:

   • The petition must include detailed evidence of the multinational nature of the company, the foreign employment of the applicant, and the job offer in the U.S. This can include:

     • Documentation showing the relationship between the U.S. company and its foreign affiliate.

     • Evidence of the applicant's employment in an executive or managerial capacity overseas, such as organizational charts, job descriptions, and letters from the foreign entity.

     • Proof that the U.S. company has been actively conducting business for at least one year.

3. File for Adjustment of Status or Consular Processing:

   • If the applicant is already in the U.S. and the priority date is current, they can file Form I-485 (Application to Register Permanent Residence or Adjust Status) concurrently with the I-140 petition.

   • If the applicant is outside the U.S., they will go through consular processing at a U.S. embassy or consulate once the I-140 is approved.

4. Attend Biometrics Appointment:

   • The applicant will need to attend a biometrics appointment to provide fingerprints, photographs, and a signature for background and security checks.

5. Interview and Final Decision:

   • In some cases, the applicant may be called for an interview with a USCIS officer to verify the details of their application.

   • USCIS will review the evidence and make a final decision on the green card application.

Tips for a Successful EB-1C Application

• Comprehensive Documentation: Provide detailed and organized documentation of the company's multinational operations, the relationship between the U.S. and foreign entities, and the applicant's executive or managerial role.

• Clear Job Descriptions: Clearly outline the applicant's job duties to demonstrate that the position meets the managerial or executive capacity requirements.

• Work with Experienced Legal Counsel: Consulting an immigration attorney who specializes in employment-based petitions can help navigate the complex requirements and ensure that the application is complete and compelling.

Conclusion

The EB-1C Green Card provides a valuable opportunity for multinational companies to transfer their key executives and managers to the United States, allowing these professionals to contribute their expertise to the U.S. economy. With no labor certification required and a more streamlined process, the EB-1C is an attractive option for high-level employees and their families. Understanding the requirements and application process is the first step in making this transition successfully.

For more information or personalized guidance on the EB-1C application, please contact us or explore our EB-1C Services.