EB-1C Requirements: How to Qualify (Step-by-Step)

• There must be a qualifying relationship between the foreign company and the U.S. company.
• The EB1C visa beneficiary must have worked for the foreign company for at least 1 continuous year within the last 3 years prior to filing the EB1C petition
• The EB1C visa beneficiary must have worked for the foreign company in a managerial or executive capacity
• The EB1C visa beneficiary must have a full-time job offer to work for the U.S. company in a managerial or executive capacity
• The U.S. company must have been doing business for at least 1 year prior to filing the EB1C petition

1. There must be a qualifying relationship between the foreign company and the U.S. company

 
The EB1C visa allows a foreign company to transfer a manager or an executive to related U.S. company, and this transfer must meet the EB1C requirements. The foreign company and the U.S. company must have a “qualifying relationship.”
 
There are 3 types of relationships that may be considered a qualifying relationship:
 

• Parent/Subsidiary
• Branch Office
• Affiliate

Parent/Subsidiary

 
There are 4 types of Parent/Subsidiary relationships recognized under the EB1C requirements:

• One of the companies owns more than half of the other company and controls it.
• One of the companies owns half of the other company and controls the company.
• One of the companies owns 50% of a 50-50 joint venture and has equal control and veto power of the joint venture.
• One of the companies owns less than half of the other company but has control over the company.

Branch Office

 
A branch office is the same company as the foreign company but is operating in a different location, and it must satisfy the EB1C requirements. To qualify for an EB1C visa, the branch office must be a U.S. corporation and cannot be a foreign entity. This is different from the definition of a branch office for an L1 visa, which requires the U.S. office to be a foreign corporation operating in the U.S.
 

Affiliate

 
Companies qualify as affiliates of each other in either of these cases under the EB1C requirements:
 

• Subsidiary companies that are owned and controlled by the same parent company or individual
• If the companies are owned and controlled by the same group of people, who each own and control the same proportion of each company

 
Additional Information on Qualifying Relationships:
 

• The qualifying relationship must be in place at the time the EB1C petition is filed to meet the EB1C requirements. The relationship should exist until the EB1C visa beneficiary gets their EB1C visa and becomes a permanent resident.
• The U.S. company cannot be a sole proprietorship
• The petitioner must be a U.S. company and cannot be a foreign company

2. The EB1C visa beneficiary must have worked for the foreign company for at least 1 continuous year within the last 3 years prior to filing the EB1C petition

 
To qualify for an EB1C visa, the EB1C visa beneficiary must have worked for the foreign company full-time for 1 continuous year, prior to filing the EB1C petition, as required by the EB1C requirements.

If the EB1C visa beneficiary is currently working for the U.S. company petitioner, then the beneficiary must have worked for the foreign company for 1 continuous year within the preceding 3 years prior to beginning their work for the U.S. company.
 
If the EB1C visa beneficiary is not currently working for the U.S. company petitioner, then the beneficiary must have worked for the foreign company for 1 continuous year within the 3 years preceding the date the EB1C petition is filed.
 
What Is the 3-Year Rule for EB1C?
 
The 3-year rule for EB1C requires that you worked full-time for the foreign company in a managerial or executive role for at least one continuous year within the three years before filing the petition or before entering the U.S. if already working for the U.S. company, consistent with the EB1C requirements.

3. The EB1C visa beneficiary must have worked for the foreign company in a managerial or executive capacity

 
To qualify for an EB1C visa, the EB1C visa beneficiary must have worked for the foreign company is a managerial or executive capacity. This is one of the most important parts of the EB1C requirements for an EB1C visa. USCIS wants to make sure that your job duties are primarily in a managerial or executive capacity.
 

Managerial Capacity

 
There are 2 types of managers: 1) Personnel Managers; and 2) Function Managers. First-line supervisors are not considered managers unless they supervise professional employees.
 

Personnel Manager Duties

• Manage and control the work of other supervisory, professional, or managerial employees.
• Supervise and control the work of other supervisory, professional, or managerial employees.
• Possess the authority to hire and fire or recommend those types of personnel actions for the employees they directly supervise.
• And exercise discretion over the day-to-day operations of the activity or function that they have authority over.

Function Manager Duties

• Manage 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.
• Exercise discretion over the day-to-day operations of the activity or function that they have authority over.

Executive Capacity

 
Here of some of the duties and responsibilities of an executive under the EB1C visa:
 

• Direct the management of the organization or a major component or function of the organization.
• Establish the goals and policies of the organization, component, or function.
• Exercise wide latitude in decision making.
• Receive only general supervision or direction.

 
Who Is Eligible for EB1C?
 
To be eligible for the EB1C visa, you must have worked full-time for a qualifying foreign company in a managerial or executive role for at least one continuous year within the past three years, be offered a managerial or executive position with a related U.S. company that has been doing business for at least one year, and the U.S. company must file the petition on your behalf.
 

4. The EB1C visa beneficiary must have a full-time job offer to work for the U.S. company in a managerial or executive capacity

 
Another requirement of the EB1C visa is that the EB1C visa beneficiary must have a full-time job offer to work for the U.S. company petitioner. The job offer must be to work in a managerial or executive capacity (see above for managerial and executive job duties).
 
In addition, the U.S. company must act as the petitioner for the EB1C visa beneficiary. This means that the U.S. company must file the immigrant petition (immigration paperwork) on behalf of the EB1C visa beneficiary.
 

5. The U.S. company must have been doing business for at least 1 year prior to filing the EB1C petition

 
Another requirement to qualify for an EB1C visa is that the U.S. company must have been doing business for at least 1 year at the time the EB1C immigrant petition is filed, as part of the EB1C requirements.
 
Important Note:
 
It is not enough that the U.S. company was established a year ago, the company must have actually been conducting business for at least 1 year prior to the filing of the EB1C petition. Conducting business means the “regular, systematic, and continuous provision of goods and/or services.”
 
Concurrent Filing Option
 
If eligible, you may file Form I-140 (Immigrant Petition) and Form I-485 (Adjustment of Status) concurrently, which can expedite the green card process, provided you are in the U.S. in a valid nonimmigrant status.
 

6. Frequently Asked Questions

 
How Hard Is It to Get an EB1C Visa?
 
Obtaining an EB1C visa is challenging due to strict documentation requirements for proving managerial or executive duties and the corporate relationship, with about 25% of petitions receiving Requests for Evidence. However, it is often faster than PERM-based green cards, taking 6-18 months with premium processing ($2,805), plus a $715 I-140 filing fee. An experienced immigration attorney, with fees typically $2,000-$5,000, can significantly improve approval chances.
 
What Is the Difference Between EB-1 and EB1C?
 
The EB-1 visa category includes three subcategories: EB1A for individuals with extraordinary ability who can self-petition, EB1B for outstanding professors or researchers, and EB1C for multinational managers or executives requiring a qualifying corporate relationship and a U.S. company petitioner.
 

7. Conclusion

 
The EB1C visa is a great way for multinational managers and executives to get a U.S. green card. It often benefits from current priority dates, allowing faster processing for most applicants compared to other employment-based categories. Through the EB1C visa application, a U.S. company can sponsor a manager or an executive for a green card (assuming all of the requirements are satisfied).
 
You should now have a much better understanding of the EB1C visa requirements. If you have any questions, or if you need help getting an EB1C visa, feel free to email me directly at contact@ashoorilaw.com.