What is the EB-1C Category?
Foreign nationals who occupy executive or managerial roles in multinational organizations frequently apply for the EB-1C Green Card category. This category is a component of the Status-Based Green Card (EB) program, which offers permanent residency to anyone who meet certain requirements.
Executives or managers of multinational firms who possess an EB-1C visa are in charge of managing daily operations and making crucial business decisions. These people are vital to the expansion and development of the global economy and play a crucial role in the success of their organizations.
Who Can Qualify for the EB-1C Category?
An individual must work as a manager or executive for a multinational firm in order to be eligible for the EB-1C Green Card. In addition, the individual must have worked as a manager or executive at a related foreign entity for at least 1 year in the last 3 years. This category is commonly used for individuals in the U.S. on a temporary L-1A visa. The requirements for EB-1C and L-1A are mostly similar, but the burden to prove a person is EB-1C caliber is higher than that to prove L-1A caliber. Also, while the L-1A allows an individual to have worked abroad in a specialized knowledge capacity, the EB-1C requires that the foreign position must have only been managerial or executive.
Managers can be “people managers” or “functional managers.”
What is a People Manager:
- Manages the organization, department, subdivision, function, or component of the organization;
- Supervises and controls the work of other supervisory, professional, or managerial employees;
- Possesses authority to hire and fire or recommend those and other personnel actions (such as promotion and leave authorization) for employees directly supervised; and
- Exercises discretion over the day-to-day operations of the activity or function for which the employee has authority.
What is a Function Manager:
- Manages the organization or a department, subdivision, function, or component of the organization;
- Manages an essential function within the organization or a department or subdivision of the organization;
- Functions at a senior level within the organizational hierarchy or with respect to the function managed; and
- Exercises discretion over the day-to-day operations of the activity or function for which the employee has authority.
Who Qualifies as an Executive?
- Directs the management of the organization or a major component or function of the organization;
- Establishes the goals and policies of the organization, component, or function;
- Exercises wide latitude in discretionary decision making; and
- Receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization
How to Obtain an EB-1C Petition?
The U.S. employer must sponsor the worker by filing an I-140 petition with the USCIS. This petition must include documentation establishing the qualifying relationship between the employer abroad and the employer in the United States. It must establish that the U.S. employer has been doing business for at least one year and that the foreign employer continues to operate. The petition must also establish that the worker was an executive or manager abroad and will work in a permanent, full-time position in the U.S. as a manager or executive. Finally, the employer must establish that it has the ability to pay the salary being offered to the manager or executive.
A benefit of filing under any of the EB-1 preference categories is that your employer is not required to go through the PERM Labor Certification process to test the U.S. labor market, and can file the I-140 petition at the start, which allows for obtaining the green card faster. The I-140 petitions for EB-1B and EB-1C must still be sponsored by the employer, however the applicants’ themselves can self-petition if filing under EB-1A.
If you are in need of a US work visa or permanent residency, speak with one of our immigration lawyers. Please contact us online, call our Houston business immigration attorney office directly at 713-953-7787, or schedule a consultation.