EB1C Requirements: How to Qualify (Step-by-Step)

 

The EB1C visa is a powerful immigration option for multinational managers and executives. Through the EB1C visa, a U.S. company can sponsor a manager or an executive for a green card, if all of the EB1C requirements are satisfied.

 

In this guide, I’m going to explain the 5 EB1C requirements. If you have any questions, please feel free to email me directly at Michael@AshooriLaw.com. I’m very responsive via email and I would be happy to help you.

 

As a general overview, there are 5 main EB1C requirements:

 

• 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. 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:

 

• One of the companies owns more than half of the other company controls the company

 

• 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. 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:

 

• 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. 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.

 

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.

 

 

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 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

 

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

 

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.

 

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.”

 

Conclusion

 

The EB1C visa is a great way for multinational managers and executives to get a U.S. green card. 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 Michael@AshooriLaw.com.