The EB1C visa is an immigrant visa classification designed for multinational managers and executives. It enables a foreign company to transfer a manager or executive to a related US company without the necessity of obtaining an approved Labor Certification. The US company can directly hire the foreign worker through a job offer. To be eligible, the US company must have been conducting business for at least one year when filing the EB1C visa application. Additionally, the foreign worker’s role at the US company should primarily involve managerial or executive responsibilities.

The EB1C visa is analogous to the L1A visa, as both require the foreign worker to serve as a manager or executive in the United States. Definitions for manager and executive are largely consistent with those for the L1A visa, though the EB1C is subject to stricter evaluation. Only the US employer can file the EB1C petition on behalf of the foreign worker; it is not available for self-petition. This means that the US employer acts as the petitioner, while the foreign worker is the beneficiary. Furthermore, the EB1C visa is an immigrant classification, granting the foreign worker, their spouse, and children under 21 years old eligibility for a US green card.

What are the Benefits of an EB1C Visa?

• No Labor Certification Required: Unlike many employment-based visas that demand an approved Labor Certification, the EB1C visa bypasses this process. The US employer can hire the foreign worker directly through a job offer, saving time and effort.

• Immigrant Visa Classification: The EB1C visa is an immigrant visa classification, allowing successful beneficiaries to obtain a US green card (lawful permanent residency) for themselves, their spouse, and unmarried children under 21. This status provides several advantages, including travel flexibility, employment authorization, and access to US schooling for the family.

What are the EB1C Visa Requirements?

To qualify for an EB1C Visa, the following five main requirements must be met:

• A qualifying relationship between the foreign company and the US company.
• The visa beneficiary must have worked for the foreign employer for at least one continuous year during the preceding three years before filing the EB1C visa petition.
• The visa beneficiary must have worked for the foreign company in a managerial or executive capacity.
• The visa beneficiary must possess a full-time job offer to work for the US company in a managerial or executive role.
• The US company must have been in business for at least one year before filing the EB1C petition.

What Documents are Needed to Apply for an EB1C Visa?

The documentation accompanying an EB1C petition is of utmost importance for approval. The specific documents required may vary based on individual cases. It is strongly advised to consult a qualified immigration lawyer for guidance tailored to your circumstances. Generally, here are some documents typically included with an EB1C visa petition:

• Signed statements from authorized representatives of both the US and foreign companies explaining the qualifying relationship between them.
• Tax returns for both the US and foreign companies.
• Records of stock ownership for both the US and foreign companies.
• Articles of incorporation and by-laws for both the US and foreign companies.
• Proof of the US company’s one-year business operation, such as a business license, lease agreement, tax returns, and employee records.
• Detailed organizational charts for both companies.
• Signed statements from authorized representatives of both companies explaining the foreign worker’s job description, daily duties, and the percentage of time spent on each task.