EB-1C Green Card for Multinational Executives and Managers

What Counts as Managerial or Executive Capacity?

The statute defines both terms, and USCIS applies them literally.

Managerial capacity (INA 101(a)(44)(A))

An assignment in which the employee primarily:

1. Manages the organization, or a department, subdivision, function, or component of the organization;
2. Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization or a department or subdivision;
3. Has authority to hire and fire, or recommend those and other personnel actions (such as promotion and leave authorization), if others are directly supervised; or, if no other employee is directly supervised, functions at a senior level within the organizational hierarchy or with respect to the function managed; and
4. Exercises discretion over the day-to-day operations of the activity or function for which the employee has authority.

The statute adds that a first-line supervisor is not considered a manager merely because of supervisory duties unless the employees supervised are professional.

Executive capacity (INA 101(a)(44)(B))

An assignment in which the employee primarily:

1. Directs the management of the organization or a major component or function;
2. Establishes the goals and policies of the organization, component, or function;
3. Exercises wide latitude in discretionary decision-making; and
4. Receives only general supervision or direction from higher-level executives, the board of directors, or stockholders.

Function managers

A person who manages an essential function rather than people can qualify as a manager. In Matter of G- Inc., Adopted Decision 2017-05 (AAO Nov. 8, 2017), the AAO set out what a petitioner must show: that the function is a clearly defined activity, that it is essential (core to the organization), that the beneficiary primarily manages rather than performs the function, that the beneficiary acts at a senior level within the organizational hierarchy or with respect to the function, and that the beneficiary exercises discretion over the function's day-to-day operations. USCIS adopted that decision as binding policy guidance.

Staffing levels and small companies

INA 101(a)(44)(C) instructs USCIS, when staffing levels are used as a factor, to consider the reasonable needs of the organization in light of its overall purpose and stage of development, and not to determine that a person is not acting in a managerial or executive capacity solely because of the number of employees. That said, a petitioner with few employees still has to show who actually performs the day-to-day, non-managerial work. If the record suggests the beneficiary is personally doing sales, accounting, and operations, USCIS may find the position primarily non-qualifying regardless of title.

Both definitions turn on the word "primarily." A detailed job description that allocates percentages of time to each duty, supported by an organizational chart with names, titles, and job descriptions of subordinates, is the standard way to address it.

EB-1C vs. L-1A: How the Two Categories Differ

L-1A and EB-1C share vocabulary (qualifying relationship, managerial or executive capacity, one year in three abroad), but they are separate benefits with separate standards. Approval of one does not bind USCIS on the other.

Documents Needed for an EB-1C Petition

The exact package depends on the corporate structure and the beneficiary's history. The categories below reflect what 8 CFR 204.5(j)(3) and USCIS adjudication practice call for.

Qualifying relationship

• Articles of incorporation, organization, or equivalent for both entities
• Stock certificates, stock ledgers, membership interest schedules, or share registers
• Capitalization tables showing the full ownership chain
• Annual reports or audited financial statements referencing the relationship
• Joint venture or shareholder agreements where control does not follow ownership
• Organizational chart of the corporate group

Doing business (U.S. entity)

• Federal and state tax returns
• Business licenses and lease agreements
• Contracts, invoices, and bank statements showing regular activity for at least one year
• Payroll records and quarterly wage reports (for example IRS Form 941)
• Marketing materials, website, and evidence of customers

Doing business (foreign entity)

• Registration documents, tax filings, financials, contracts, and payroll evidence from the foreign jurisdiction, with certified English translations where required (8 CFR 103.2(b)(3))

Beneficiary's employment abroad

• Employment verification letter from the foreign entity with exact dates, title, duties, and percentage of time spent on each duty
• Foreign organizational chart showing the beneficiary's position, subordinates, and reporting line
• Pay slips, tax records, or employment contracts covering the qualifying year
• Evidence of hiring and firing authority, budget authority, and discretionary decisions (board minutes, signed contracts, performance reviews the beneficiary issued)

Offered U.S. position

• Detailed job offer letter and statement from an authorized official describing duties and percentage allocations
• U.S. organizational chart with names, titles, and job descriptions for subordinates and the beneficiary's supervisor
• Evidence that subordinates are professional, supervisory, or managerial where the position relies on supervising them (degrees, job descriptions)
• For function-manager positions, evidence addressing each element of Matter of G- Inc.

Ability to pay

• Annual report, federal tax return, or audited financial statements for each year from the priority date forward
• Financial officer statement if the petitioner has 100 or more employees
• Pay records if the beneficiary is already employed by the petitioner

If the beneficiary is already in the United States

• Copies of prior L-1A or other nonimmigrant approvals, Forms I-94, and passport entry stamps to establish the date of entry for the look-back period

For the I-485 or immigrant visa stage

• Birth certificate, passport, marriage certificate, and, where applicable, divorce decrees
• Form I-693 medical examination (adjustment) or panel physician exam (consular)
• Evidence of status history for adjustment applicants, to address the INA 245(c) bars and, where needed, the INA 245(k) 180-day exception
• Form I-864, Affidavit of Support, if a U.S. citizen, U.S. national, or lawful permanent resident relative of the applicant (spouse, parent, child, adult son or daughter, or sibling, as defined for INA 213A purposes) filed the petition or holds a significant ownership interest, meaning 5 percent or more, in the petitioning entity (8 CFR 213a.2(a)(2)(i)(C)). This applies to family-owned businesses.

EB-1C Filing Fees

Government fees are set by regulation and change. The figures below reflect the USCIS fee schedule as understood on September 28, 2026. Confirm every figure against the USCIS Fee Schedule (Form G-1055) before filing.

Other costs to budget for: medical examination fees set by the civil surgeon or panel physician, certified translations, and attorney fees. The I-140 and any premium processing request are filed in the employer's name. Because PERM does not apply, the Department of Labor rule requiring employers to bear labor certification costs is not triggered, and who ultimately bears the I-140 and I-485 fees in an EB-1C case is a matter of agreement between employer and employee, subject to any applicable state wage laws.

EB-1C Processing Time and Timeline

Processing times vary by service center, by month, and by case, and USCIS revises its published times regularly. The only reliable figure is the one on the USCIS Case Processing Times tool for Form I-140, classification "Multinational Executive or Manager," on the day you check it.

I-140 under premium processing. For EB-1C, USCIS commits to taking an action (approval, denial, RFE, or NOID) within 45 business days of receiving Form I-907. If it does not, the premium fee is refunded and the case continues to be processed on an expedited basis, except where USCIS opens an investigation for fraud or misrepresentation. An RFE or NOID stops the period, and a new full period begins when USCIS receives the response, so the total time to a decision can be considerably longer than 45 business days even under premium processing.

I-140 under regular processing. Check the live USCIS tool. It shows the time within which 80 percent of cases in that classification were completed.

I-485 adjustment of status. Separate from the I-140 timeline. Check the live USCIS tool for Form I-485, employment-based. Where the I-140 and I-485 are filed concurrently and the priority date remains current, the I-485 cannot be approved until the I-140 is approved.

Consular processing. After I-140 approval, NVC document collection, consular interview scheduling, and any administrative processing add time that varies by post. The Department of State publishes immigrant visa interview wait information by consulate.

The priority date wait. For people chargeable to India or China, the priority-date wait can be the longest part of the process and cannot be shortened by premium processing. See the next section.

In combination: a beneficiary chargeable to a current country, already in the United States, filing I-140 and I-485 concurrently with premium processing, can expect an I-140 action within 45 business days (absent an RFE) and an I-485 decision on the I-485 processing timeline. A beneficiary chargeable to India with a priority date established today faces a wait measured in years before the I-485 can be approved, based on the September 2026 chart. Timelines vary and can change without notice.

Priority Dates and the Visa Bulletin for EB-1C

The priority date for an EB-1C case is the date USCIS receives a properly filed I-140 (8 CFR 204.5(d)). Chargeability is generally determined by country of birth, not citizenship (INA 202(b)), with limited exceptions such as cross-chargeability to a spouse's country of birth.

The Department of State publishes a monthly Visa Bulletin with two charts. The Final Action Dates chart shows when a visa number can actually be issued or an I-485 approved. The Dates for Filing chart shows when the Department of State will accept immigrant visa documents, and, in months when USCIS designates it, when an I-485 can be filed. USCIS announces each month which chart adjustment applicants may use.

As of the October 2026 visa bulletin:

What this means in practice:

• A beneficiary born in India with an I-140 filed today could file an I-485 only once the priority date is current under the chart USCIS designates for that month, and could receive I-485 approval only once the Final Action Date has advanced almost four years from where it stood in September 2026. Movement is not linear and can reverse.
• A beneficiary born in India or China who previously had an approved EB-2 or EB-3 I-140 may generally use that earlier priority date for the EB-1C petition (8 CFR 204.5(e)). Retention is not available if the earlier approval was revoked for fraud, willful misrepresentation, material USCIS error, or revocation or invalidation of the underlying labor certification, or on the other grounds the regulation lists.
• Cross-chargeability to a spouse born in a current country, where available, can remove the priority-date wait for the couple.

Risks, Traps, and Edge Cases in EB-1C Cases

Filing before the U.S. entity has done business for one year. The one-year requirement is measured at filing. A U.S. subsidiary incorporated 14 months ago that began regularly providing goods or services only 9 months ago does not yet qualify, because incorporation is not "doing business."

Losing the qualifying relationship mid-case. A sale of the foreign parent, a spin-off, or a restructuring that breaks the ownership and control chain can end eligibility even after I-140 approval if it happens before the beneficiary becomes a permanent resident, unless the INA 204(j) portability rules described below apply. Corporate transactions should be reviewed for immigration consequences before they close.

Foreign role that was not managerial or executive. A country head who personally handled all sales in a two-person foreign office may not have been "primarily" managerial. USCIS asks for the foreign organizational chart and subordinate job descriptions for this reason.

Job title inflation. "Vice President" on a business card does not establish executive capacity. USCIS looks at what the person does, who reports to them, and who does the hands-on work.

Small U.S. operation where the beneficiary is the only real employee. INA 101(a)(44)(C) prevents denial solely on headcount, but the petitioner still has to show that someone other than the beneficiary performs the non-qualifying work. Contractors and outsourced providers can count, with evidence, but a bare assertion is not enough.

Gap in employment before or after the U.S. entry. If the beneficiary left the multinational group and worked for an unrelated employer, either abroad or in the United States, the look-back analysis under Matter of S-P-, Inc. needs careful attention. Do not assume an old year abroad still counts.

Running out of L-1A time. The seven-year L-1A limit does not pause for a pending I-140 or a backlogged priority date. Beneficiaries chargeable to India or China can hit the limit before an I-485 can be filed. Options at that point include spending a year abroad to reset L-1 eligibility (8 CFR 214.2(l)(12)(i)), changing to another status if eligible, or consular processing when the date becomes current.

Relying on the I-485 to fix a status problem. Adjustment of status is barred for applicants who have violated status or worked without authorization (INA 245(c)), subject to the INA 245(k) exception for employment-based applicants whose violations total 180 days or less since the most recent lawful admission. Beyond that, consular processing may be the only route.

Changing jobs after filing. INA 204(j) and 8 CFR 245.25 allow a beneficiary whose I-485 has been pending 180 days or more to have the I-140 remain valid for a new job with the same or a different employer, provided the new job is in the same or a similar occupational classification and the I-140 was approved or approvable when filed. The beneficiary must also have a bona fide offer of permanent employment in that new job. Form I-485 Supplement J is the vehicle for documenting the new offer; filing it does not by itself create eligibility. Before the 180-day mark, leaving the petitioner generally leaves the I-485 without a valid basis unless another petition can support it. Separately, an employer's withdrawal of an approved I-140 after the I-485 has been pending 180 days does not automatically revoke the approval (8 CFR 205.1(a)(3)(iii)(C)), though revocation for fraud, misrepresentation, or material error remains possible.

Family-owned business and the Affidavit of Support. When a U.S. citizen, U.S. national, or lawful permanent resident relative of the applicant filed the petition or owns 5 percent or more of the petitioner, Form I-864 is required at the I-485 or immigrant visa stage. Omitting it produces an RFE or refusal.

Child aging out. A derivative child must be under 21, as calculated under the Child Status Protection Act (INA 203(h)), when a visa becomes available. The CSPA age is generally the child's age on the date a visa becomes available under the applicable USCIS methodology, reduced by the time the I-140 was pending. The child must also seek to acquire permanent residence within one year of visa availability, unless USCIS excuses a later filing based on extraordinary circumstances. For India- and China-chargeable families, the priority-date wait can push a child past 21 even after this calculation. This is a technical area that should be modeled with an attorney before filing.

Travel during adjustment. An adjustment applicant in L-1 status who travels does not abandon the I-485 if the applicant remains eligible for L status, is returning to resume employment with the same employer authorized in the L petition, and, where a visa is required, holds a valid L visa (8 CFR 245.2(a)(4)(ii)(C)). Applicants in other statuses who leave without advance parole are generally treated as having abandoned the application, subject to the parallel H-1 exception in the same regulation.

Consular processing obstacles. As of September 28, 2026, the Department of State reports in the September 2026 Visa Bulletin that administration actions are affecting immigrant visa issuance and demand. Anyone planning consular processing should verify, close to the interview date, whether any presidential proclamation restricts immigrant visa issuance or entry for their nationality and where the Department of State is currently scheduling immigrant visa interviews for their case, since interview locations and nationality-based restrictions have changed during 2025 and 2026.

What Happens If the EB-1C Petition Is Denied?

A denied I-140 can be appealed to the USCIS Administrative Appeals Office (AAO) or challenged through a motion to reopen or reconsider, all filed on Form I-290B, Notice of Appeal or Motion. The deadline is 30 calendar days from the date USCIS serves the decision (33 calendar days if the decision was mailed), measured from the date of service, not the date of receipt (8 CFR 103.3, 8 CFR 103.5). Only the petitioning employer, not the beneficiary, may appeal an I-140 denial. The AAO reviews the case de novo, meaning it looks at the record fresh.

Alternatively, the employer can file a new I-140 that addresses the deficiency. Because EB-1C has no labor certification, refiling does not require restarting a Department of Labor process, but it does mean a new priority date; a denied petition does not preserve a priority date.

If an I-485 was filed concurrently and the I-140 is denied, the I-485 can no longer be approved on that petition. In some cases the applicant may request that USCIS transfer the pending I-485 to a different approved or approvable immigrant petition before the I-485 is decided (USCIS Policy Manual, Volume 7, Part A, Chapter 8). Absent that, the I-485 will be denied, and a beneficiary who has fallen out of nonimmigrant status while it was pending may then be without status and should get advice immediately.

Other categories can serve as fallbacks depending on the facts: EB-1A for individuals with sustained national or international acclaim, EB-2 National Interest Waiver for those whose work has substantial merit and national importance, or an employer-sponsored EB-2 or EB-3 through PERM.

From EB-1C Green Card to U.S. Citizenship

A permanent resident who obtained status through EB-1C may apply for naturalization on Form N-400 after five years of continuous residence as a permanent resident, with physical presence in the United States for at least half of that period, and residence for at least three months in the state or USCIS district where the application is filed (INA 316(a)). The application can be filed up to 90 days before the five-year anniversary (8 CFR 334.2(b)).

Absences of more than six months but less than one year create a presumption that continuous residence was broken, which the applicant may rebut with evidence. An absence of one year or more breaks continuous residence (INA 316(b)) unless the applicant preserved it in advance. INA 316(b) allows a permanent resident who has been physically present in the United States for an uninterrupted year after admission as a permanent resident, and who is then employed abroad by or under contract with the U.S. government, certain American research institutions, or a U.S. firm or corporation (or its subsidiary) engaged in developing U.S. foreign trade and commerce, to apply on Form N-470 to preserve continuous residence for that employment. Executives who travel extensively for the multinational group should track their days carefully and consider N-470 before a long assignment abroad.

The applicant must also show good moral character for the statutory period, pass English and civics tests unless exempt, and take the Oath of Allegiance. The naturalization filing fee is separate from any fee listed on this page and should be checked on the USCIS Form N-400 page.

Frequently Asked Questions About EB-1C Green Card

• Do I need to be in L-1A status to apply for EB-1C?
  No. L-1A status is not a requirement. The beneficiary can be abroad, or in the United States in another status, as long as the one-year-abroad requirement is met under the applicable look-back period and the other elements are satisfied.
• Can an E-2 treaty investor qualify for EB-1C?
  Possibly. An E-2 investor who worked as an executive or manager for a foreign company for at least one year before entering the United States, and whose U.S. company has a qualifying parent, subsidiary, or affiliate relationship with that foreign company and has been doing business for at least a year, may be sponsored by the U.S. company. If the E-2 investor is working in the United States for the same organization, the three-year look-back is measured from the date of nonimmigrant entry. If the foreign company was wound down or sold, the qualifying relationship may no longer exist.
• Does the foreign company need to keep operating after I get my green card?
  The qualifying relationship and the foreign entity's business activity must exist through adjudication and until the beneficiary becomes a permanent resident. After permanent residence is granted, EB-1C imposes no continuing requirement that the foreign entity remain in business, though the permanent resident must still avoid abandoning U.S. residence.
• Can a branch office, rather than a separate subsidiary, be the U.S. petitioner?
  Yes. INA 203(b)(1)(C) and 8 CFR 204.5(j) cover a U.S. branch of the foreign employer as well as a parent, subsidiary, or affiliate. The branch must itself have been doing business in the United States for at least one year and must show ability to pay.
• Does the year abroad have to be continuous?
  The regulation requires "at least one year" of employment abroad in the three-year period and does not use the word "continuous." The L-1 regulation at 8 CFR 214.2(l)(1)(ii)(A) states that brief U.S. trips for business or pleasure do not interrupt the year for L-1 purposes, and that reasoning has been cited in EB-1C cases, but whether specific interruptions are a problem is fact-dependent and should be reviewed with an attorney.
• Is EB-1C current for India?
  No. Under the October 2026 Visa Bulletin, the EB-1 final action date for India is February 1, 2023 and the date for filing is July 1, 2024. Check the current bulletin, because dates move monthly.
• Can my spouse work while our I-485 is pending?
  A spouse with a pending I-485 can apply for an Employment Authorization Document on Form I-765. Some spouses already hold work authorization in their own status, for example L-2S spouses, who are employment authorized incident to status.
• Can I work remotely from abroad while my I-485 is pending?
  Extended absence during a pending I-485 is risky. Leaving the United States without advance parole is treated as abandonment of the I-485 unless the applicant qualifies for the L-1 or H-1 travel exception in 8 CFR 245.2(a)(4)(ii)(C), and a long absence may raise questions about whether the job offer remains a genuine offer of U.S. employment. Discuss any planned absence with counsel before departing.
• What happens if my employer withdraws the I-140 after approval?
  If the withdrawal occurs after your I-485 has been pending 180 days or more, the approval is not automatically revoked (8 CFR 205.1(a)(3)(iii)(C)), and you may be able to continue under INA 204(j) with a same or similar job. If the withdrawal occurs earlier, the approval is revoked and the I-485 loses its basis unless another petition supports it.
• Does an EB-1C petition require a specific salary?
  No prevailing wage applies. The employer must show it can pay the wage it offers, and the offered wage should be consistent with a genuine executive or managerial position.
• Can a new U.S. subsidiary file for EB-1C?
  Only after it has been doing business, meaning regularly, systematically, and continuously providing goods or services, for at least one year at the time of filing. Incorporation alone does not start that clock.
• Is premium processing available for EB-1C?
  Yes. Form I-907 with the $2,965 fee (for filings postmarked on or after March 1, 2026) commits USCIS to take an action within 45 business days. The period stops if USCIS issues an RFE or NOID, and a new full period begins when the response is received.