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

EB1C Requirements

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, 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.

Ahmed Gaber
21:44 03 Aug 20
Good office because he offer free consultation
Vj M
03:58 14 Jul 20
Mike and his team helped me with E2. They were very patient and professional throughout the process which got significantly delayed due to Covid. The attorney assigned to me was very knowledgeable and available to advise even at a short notice.... Overall, I had a very pleasant experience and would highly recommend Ashoori Law. Looking forward to working together again in the near future.read more
Gustavo Mas
18:03 07 Jul 20
My experience with Michael is remarkable, he is very professional and has profound knowledge in immigration laws, he made me feel like I was with the right lawyer, so rest assure, if you decide to work with him, you are very likely to be successful... at your case.read more
Allen
18:58 25 Jun 20
Great institutions like Ashoori law firm are made by great people, and there are no finer individuals than those who dedicated themselves to assist clients with different cases like mine. “HONEST & EMPATHETIC” are the words that come to mind when I... think of Lahaina and the rest of her amazing team! Highly professional and experienced immigration attorney who provided excellent service, demonstrating personal attention to all details of your cases. They show compassion by studying clients' stories.They certainly know the immigration process and help you fully prepare for the case and interview. They are always making sure that the whole process goes very smooth. I especially want to thank “Lahaina Araneta” attorney & Michael Ashoori. If you are a really nervous client like me, these people are always super patient and kind with you. If anyone is looking for immigration help, “Ashoori law firm” should be your very first choice for sure because they can really get things done!Working with Lahaina Araneta was absolutely great. She helped me through my entire journey without any hesitations. I always got answers whenever I had questions. I will definitely work with “HER” again on my next journey. She helped me a lot from the beginning of my case (naturalization case). She is attentive to details and very informative. She also quickly responded to my questions about my status. I can't say enough about her. I was completely dazzled by her communication skills and courage in communications with the USCIS office. I am blown away by her integrity and all the hard work she has done on my behalf. I will always be grateful for all of her efforts. Lahaina I just want to thank you for the excellent work you did as my immigration attorney. I would like to express my heartfelt gratitude to you for all the cares and concerns you have shown me, and for working tirelessly. if it weren’t for your analytical skills and knowledge, the matter wouldn’t have been settled by now. I knew you have a lot of clients, so your prompt responses and attention to detail really meant a lot to me. Having an experienced attorney like you on my side was a good sign that I was walking into the right path to win the case. Thank you Lahaina for your support during my N-400 application process, and for helping me to get the desired outcome. You don't know how much your passion impacts the lives of others.read more
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18:41 10 Jun 20
Lahaina was one of 4 lawyers that I had an Initial consult with. She was the only one who took the time to truly understand my case. She was patient with me and very responsive. The most important thing is she was the only lawyer who believed in me.... She has world class professionalism. We successfully got my visa and I couldn’t have done it without her. Will never use another law firm. Highly recommend. She truly cares about her clients and goes the extra mile.read more
Rw Right
17:39 06 Jun 20
Look no further. There are solid reasons why they get straight 5 stars in this review.They work as a (great) team and everyone is very knowledgeable and reliable. Micheal posts timely insightful topics on Youtube, in addition to answering all of... your personal questions quickly and responsively.read more
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09:10 03 Jun 20
We recently needed the assistance of a law firm and due to the fact that we had limited time available to submit our application, many of the law firms that we contacted were not able to assist us. We then came in contact with Michael from Ashoori... Law. Not only did they assist us with our application, they also provided us with efficient, professional service. They really went out of their way to make sure that we meet the deadline and provided us with regular updates on the process. What a wonderful and stress free experience! I would definitely recommend Ashoori Law’s services to any potential clients.read more
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00:03 16 May 20
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Ashoori and Lahaina are very professional and detail. They responded to my questions with terms that I can understand without any hidden agenda. I wish I hired them when I first applying my E2. They are the lowest in fees and most professional... immigration lawyer that I had encounter. We go through all the process through phone and email without meeting in person and I got my E2 renewal approved. Way better then any immigration lawyer that I had meet in person in NYC.Will definitely stick with them and recommend them to all my friends and family.read more
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19:27 08 May 20
Michael was amazing!! He gave his full support all the way through with my process and he would always update me and guide me when necessary. Extremely satisfied with his work. (real client)
persia falcon
21:00 05 May 20
Michael and his team were experienced, responsive, knowledgeable, and honest. I would recommend them to my friends.
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02:15 02 May 20
Michael's law firm is compose of professionals who are working more than the sake of their clients. They care on their clients with their situation and help without limitation. They attend to all questions timely and return with immediate solutions... to secure all will be resolved and all worries were eased. I highly recommend and refer this firm to all related US re-entry and immigration concerns.read more
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01:33 29 Apr 20
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00:04 25 Apr 20
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03:17 24 Apr 20
I recently employed the services of Michael Ashoori and Ashoori Law to help with the lodging of a Re Entry Visa for my wife and myself. I am delighted with the result and the expediency with which Asoori Law handled our application.We now have... approval of our visas and couldn't be happier. One of the stand out aspects of dealing with Ashoori was the fact that I could tel or email Michael at any-time and would always receive a prompt response by return email. This personal connection with the company during the process made me feel I was dealing with a friend and that I could reach out to at any time I had a question, rather than being treated as another client. I can in all confidence recommend Ashoori Law for Immigration matters due to this wonderful experience and the way my application was handled. Sincerely. Richard and Judy Norton.read more
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22:17 23 Apr 20
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17:42 10 Apr 20
I had question about eb1 process and my alternatives to stay along with priority date timelines ie options to move over to another visa type like h1, to continue waiting for green card processing, all of my questions are very well taken by the... immigration consultant ( Karla Samayoa) , she has very strong hold on the processes and options available to candidates, i would certainly recommend her for immigration consulting on l1a visa and eb1 visa and green card application. I give her 5 startsThank youread more
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13:56 09 Apr 20
I reached out to Ashoori Law in order to obtain my US Re-Entry permit late last year. The whole team was friendly, knowledgeable and prompt to my many questions. Michael himself would answer any questions along the way after submission, which... assured me my case was important and on their radar. Having worked with various immigration lawyers in various countries I’ve worked at (6, so far), I know that is not always the case. I recommend to consider Ashoori Law for your US immigration needs, and I expect to reach out to them whenever I next need services in regards to US immigration.read more
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18:04 08 Apr 20
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14:27 18 Mar 20
Working with Michael was a pleasure from the beginning to the end. Through the experience of obtaining my re-entry permit, I got to witness first-hand his professionalism, expertise, and attention to detail.Some things that I really... appreciated:-Taking the time to work out the strategy for me, explaining the options I have and the solutions to potential situations that could arise. -Responding quickly and with well-thought out responses, when I emailed him with questions. -Being very meticulous (him as well as his staff) in ensuring the that logistics of my application were executed expediently and carefully. My case was not a big one, yet Michael behaved as if it were a big case. For that he certainly has earned my return business for immigration cases in the future, and I heartily recommend his services to anyone looking for a truly exceptional immigration lawyer.read more
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13:26 12 Mar 20
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emma Daniels
02:18 06 Mar 20
Karla was Very friendly to chat with and helpful
James Corcoran
14:38 05 Mar 20
I posting this for my wife in China VPN not workingI am so impressed by Mr. Michael Ashoori and will not hesitate to recommend him to you as one of the best immigration attorneys!!! For my case, I had an urgent timeline to apply for a re-entry... permit. To make it more complicated, I had multiple international travel plans during the application period. I reached out to quite a few attorneys for assistances. They either turned me down directly due to the time constrain or did not reply at all. On the contrary, Michael assured the feasibility of such an application during the first teleconference. Just as what he told me, all worked out perfectly under his coordination. To me, the following sets Mr. Michael Ashoori and his team apart from most of his peers:1) He is not only knowledge of the immigration laws and regulations but also highly familiar of the immigration authorities’ operation details. This is extremely critical to an urgent case since every step matters.2) He has the right AI system setup to monitor the daily workflows and handle the repetition workloads. Therefore, his team can focus on the key variables and client interactions efficiently.3) His fee is very reasonable and competitive.4) He cares about his clients as a friend. That is precious in a business world. You are in good hands if you pick Mr. Michael Ashoori and his team!read more
Humayun Tariq
08:09 05 Mar 20
I applied for the re- entry permit with Micheal Ashoori. I can say without a doubt, Micheal is the most helpful lawyer I have found there. What I love about Micheal is that he is really accessible to anyone, unlike other lawyers. He is always... available for a consultation call and clears out the queries patiently. He gives the best advice suited to the situation which has really helped me out with my planning. When I decided to apply for my re- entry permit with Micheal, he assisted me throughout the process. I just had to mail him the signed copy of the application and rest was handled by him and his team.Also, his team members, specifically Lahaina Araneta, are a joy to work with. They have been very responsive on e-mail even if it is late at night.Micheal, along with his team members, is very polite and never rushes an answer.I would definitely recommend everyone to work with Micheal if they need legal assistance in delicate matters such as immigration. He is the best you can get out there in terms of being responsible, responsive and accessible.read more
Sriram Akella
06:07 27 Feb 20
Worked with Micheal for applying reentry permits for my wife and myself. He prepared all the paper work and was ready so that we could file the day we landed in US. Very Friendly and answered all my questions with patience.Would definitely... recommend him for any immigration related work.read more
bardia bahrami
00:02 26 Feb 20
He was awesome, everything was straight forward with Michael and his team. I received my re-entry permit 6 weeks after submitting my request .
Tom Tam
17:43 22 Feb 20
This lawyer was awesome and helped my family with our own immigration case! 10/10 would recommend!
Remo Barducci
07:56 14 Feb 20
From the very first call where we were taken through the process right through to completion, all the interaction with Ashoori has been of the highest level . The advice we were given , how we were steered through the whole process and the brilliant... communication was simply faultless . Even though we are based in Australia on the other side of the world , time zones were no issue . Anyone planning on using Ashoori law, we recommend them very highlyread more
Blake McGrath
03:01 14 Feb 20
I needed to apply for an E-3 visa from Australia and Ashoori Law made the process very simple. All the required documents were provided as long as important information regarding the visa process, what was required for interviews and all other... relevant information. They have answered any questions I have had in a timely manner and have made the process and application and confirmation of the visa run very smoothly.Highly recommended.read more
Suresh Arumugham
11:01 13 Feb 20
I had utilized the service from Ashoori Law. Compared to other Law firms where you have to check for updates, Ashoori Law is very professional are very prompt in providing timely updates. They will take care of you until the service is complete.... Completely Satisfied.read more
Elena Matsa
07:47 13 Feb 20
Michael was very professional and always available to help by phone or by e-mail. I am thankful to have worked with him.
Edwin Ayala
23:31 12 Feb 20
Very professional , very efficient firm right from the beginning all the way to the end of our case , I think that immigration knows their reputation and that is why our case when very smooth and no issues at all , thank you Micheal Ashoori and team... .read more
nantanut saengprasit
04:19 12 Feb 20
As, I have some problem to apply reentry permit. I am very serious in my case because it was denied for the first time. When, I saw Ashoori Law website. I believe in Mr.Michael who can help me in this case. I got the great support from Mr.Michael... and his team. Finally, my reentry permit was approved. I would like to say Thank you very much. I hope who have the immigration's problem. Please contact to him. He expert for the Immigration law. He can suggest you until finish. Again, Mr.Michael, thank you very much for your help.read more
Arian Shahidi
22:44 10 Feb 20
It was a great experience working with Michael. Before starting to file my documents for my case he explained every detail step by step and guided me. During the process he updated me every time and answered every question accurately. I’m very... satisfied and looking forward to work with him in the future. If you’re looking for an excellent attorney, I strongly recommend Michael Ashoori.read more
Robert Cook
05:47 08 Feb 20
Prompt , efficient , and reliable , a very professional service ..
frederic khoury
11:07 06 Feb 20
The team was very responsive, available to chat on the phone and very responsive to my emails and questions. I would recommend Ashoori's service above any large law firms with whom I had dealt previously. I got exceptional service with Ashoori.
Joao Castro
02:05 06 Feb 20
Michael and his team deserve more than a five star rating. I hired Mike already based on a recommendation from a friend of mine, who also requested his services. My friend gave him five star as well, and this could simply not be different.Since my... first contact with Michael, I've perceived his solid ethical principles, responsive professionalism and personal attention to all details in US immigration complex process. In my case, he was key for me to obtain I-131 permits for three Green Cards - and the documents were shipped after just six weeks after the process initiation. In another process, he has been immediately responsive to replace Green Cards. And all my contacts were online - which is a testimony of his great online reputation.If you are looking for US Immigration lawyer assistance for true delivery, great value and avoid risks and potential problems, the answer is Michael Ashoori Law, with his fantastic team, that really and personally takes care of your immigration needs.JCread more
J V
06:39 03 Feb 20
Erase any doubts about this law firm. Michael Ashoori’s team delivers. The 5 star rating says it all! I know that it is a tough decision to choose a lawyer who you can entrust your immigration concerns but his law office’s services are backed by... several outstanding reviews. I can attest to their excellent services based on my own experience. Michael and his team were able to explain the whole process clearly. The expectations, time line, costs were defined at the very start. This gave a boost of confidence to a first-time client like me. I appreciated that they are very prompt with their responses. Michael and his team made themselves available for whatever concern I had with my case and no question for them is too simple to ask. The most important thing is that the team is able to deliver!read more
Pranay Agarwal
00:01 22 Jan 20
Michael is extremely professional and really knows the details of the complex US immigration law. I recently hired his services for my travel permit document (1-131) and from the day we first spoke till the end of the process he was very responsive... and attentive. In my situation in particular, I needed take several trips being a frequent traveler and he carefully planned that in the process to avoid any complications. I highly recommend Michael for any US immigration needs.read more
Phong Si
03:17 15 Jan 20
I used Michael's immigration law firm to help renew my wife's reentry permit. It was her second time, and we were living out of country. First time was with a different lawyer. His team made everything smooth and communicated quickly and clearly.... Our permanent residence is in Georgia, but we found out about Ashoori Law through google. I had several worries since it was a renewal, and was with a different lawyer in a different state. But this was really a satisfactory experience with no problems.read more
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Michael Ashoori Headshot

Michael Ashoori, Esq.

U.S. Immigration Lawyer

I’m a U.S. immigration lawyer and I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.

Since starting my law firm, I’ve helped hundreds of people from all over the world with their immigration needs. I’m very passionate, hard-working, and committed to my clients.

Got a question? Send me an email.