EB1C Visa Cost

The EB1C visa is a popular option for senior-level executives of multinational companies coming from heavily backlogged countries. This visa is typically reserved for managers and executives of multinational companies that have an office in the US. To qualify for this visa, you need to prove that your position meets the prerequisites and that you have been working in a foreign branch of the company for the past year. 

 

USCIS definition of an executive

 

As a qualifying executive, you must be responsible for overseeing the operations of the company. This means that you should have the ability to make decisions related to business and its operations without substantial supervision. 

 

USCIS definition of a manager

 

As a qualifying manager, you must supervise several employees. You must have the ability to control the salary, hire and fire your subordinates. You should also be able to determine the employees' day-to-day activities. Your organization must have a defined organizational structure and you should be able to clearly explain your position in your organization. 

 

Processing fee of EB1C green card

 

The sponsoring employer is the acting petitioner in the EB1C case. As with most Employment-based Immigration petitions, your employer must file the petition on your behalf, you can't do it yourself. EB1C is a complex petition and needs extensive evaluation to ensure that the position for which you are intending to apply, is a qualifying position. Due to the complex nature of this petition, the cost of applying for an EB1C visa is higher than some other visa categories. In addition to an EB1 attorney fee and the mandatory I-140 USCIS fee, the total cost of an EB1C visa depends on whether you choose Consular Process or Adjustment of Status. 

 

EB1C visa cost Break up

 

Before applying for the EB1C it is important to be clear about the EB1C visa cost. The sponsoring employer needs to pay the basic I-140 filing fee which is $700. In the case of consular processing, the fee for DS-260 which is $230, the Biometric fee which is $85, and the Affidavit support fee which is $88 are to be paid by you. 

 

In the case of Adjustment of Status, along with the basic I-140 filing fee, the I-485 fee of $1225 can be either be paid by you or the employer. 

 

Though it is legally allowed for the employee to pay the EB1C I-140 fee, it is highly recommended that it should be paid by the employer. 

 

How to make the processing fee payments?

 

The payment for I-140 and I-485 needs to be made as a cashier’s check or money order to the USCIS. It is recommended to make two separate money orders or checks as opposed to combining the payments. This is important to avoid delays in the processing time of the petition. You can also pay the entire fee to your attorneys, who can use their checks to pay for your application. 

 

No premium processing

 

You need to note that premium processing is unavailable for EB1C. As applicants aren’t allowed to file for premium processing there is generally a long wait time before USCIS takes a decision on your petition in comparison to other EB1 visas. 

 

EB1C dependent visa fee

 

You can apply for a visa for dependents of EB1C visa holders by simply filling the Form I-485 or DS-260, depending upon the location of your dependents. The fee for dependents for I-485 depends on the age and can vary between $750 to $1140 while for DS-260 the fee is $230. 

 

Consular process

 

If you don’t reside in the US and want to have your employer petition for an EB1C, the process involved is consular processing.  It starts by filing for a Form I-140 Immigrant Petition for Alien Workers and providing necessary documents and paying the fee to the USCIS. Once the I 140 petition is approved, you can initiate the DS-260 process. This process is complicated and involves an interview at the US embassy in your native country. In the interview, the officer will conduct questions to determine if you meet the prerequisites for an EB1C visa. 

 

5 questions to ask your Attorney regarding EB 1C visa cost

 

Petitioning for EB1C is a complex process that takes patience, diligence, and a keen eye for details. Working with an experienced attorney is surely an added advantage while applying as it certainly adds to the chances of a successful outcome. Look for an attorney that can help you file the EB1C visa, collect evidence, navigate any Request for Evidence (RFE), and support you throughout the process. Most law firms and attorneys charge a flat fee for EB1C. In most cases, the legal fee is a substantial amount, so it is best to make most of the money spent. Before you finalize on any attorney here are 5 questions to ask the attorney:

 

1. What all services are covered in the legal fee: The process of filing the visa is a tedious one and takes a lot of time. Choose the one that offers to answer unlimited inquiries during the period of representation. Give extra points to the attorney who provides all the necessary services like filing the forms, collecting, translating, and organizing the documents, drafting petition letters, and interview representation.
2. Is RFE included: An experienced attorney will complete a review of your documents to avoid all chances of getting an RFE.  However, since an EB1C is a complex visa it is common to receive an RFE. Here, the attorney should be able to respond to the RFE by preparing the documents and respond to the USCIS promptly. Usually, the cost of RFE isn’t included in the legal fee and most attorneys charge a nominal fee to submit an RFE response. And the cost varies from case to case as each RFE is unique.
3. Chances of approval: Before hiring the attorney remember that only an experienced immigration attorney can handle the complex process of visa application. Ask the attorney about their past success record and accordingly make your choice.
4. How much time to file the petition: Before hiring the law firm ask them how much time they generally take to file the petition. The shorter the duration the better it is for you as the processing of the EB1C petition, as the Form I-140 takes anywhere from 7.5 months to 16 months.
5. Will old priority date be ported: In case you have an I-140 petition approved for the EB2 green card, you can think about going through EB2 to EB1 porting, if you have the necessary qualification to qualify for this category and a job that fits the qualification. Porting from EB2 to an EB1 is like filing a new green card from scratch but keeping your original priority date. The process of porting is very delicate and only experienced attorneys would be able to help you with porting. 

 

Can you apply for EB1C, if your office is a newly set up office? 

 

One prerequisite for EB1C is that the petitioning company must be doing business for at least one year both abroad and in the US before application. Unlike for L-1visa, there is no ‘New Office’ exception for EB1C. That is, USCIS makes no exception for companies launching a new office in the United States. The beneficiaries who have come to the United States to open a new office need to wait for a year to apply for EB1C. Since a new office EB1C visa application is even more complex, you should know that a new office EB1C visa costs more than a regular EB1C visa. 

 

Legal fee for EB1C

 

For the professional services rendered you need to pay the attorney or the law firm. The initial fee of the attorney needs to be paid when the retainer agreement is signed. The filing fee is to be paid anytime before your application is filed with USCIS. Fee estimates will vary depending on the circumstances of your case, the complexity of your case, length of the process, and time and work involved.

 

What services to expect for the cost paid for an EB1C visa

 

1. The team of attorneys should communicate with both you and the employer to decide on the strategic path for successfully applying for an EB1C visa.
2. Identify and help in resolving the legal issues to establish the eligibility of your employer and your position.
3. Review, translate if necessary, and organize all the application material in a consolidated package that will contain forms, documents, and a petition letter for the employer.
4. After a careful review of the forms and documents, the petition package is mailed to the designated USCIS office.
5. The legal team should keep track of the USCIS for the case and update the employer and you of any developments.
6. In the case of RFE, the attorney responds to the request promptly by submitting the additional documentation required with the stipulated time frame. 

 

When it comes to an EB1C green card it is not suggested to leave anything to chance. It is in your best interest to put your case in the hands of a qualified immigration attorney. Get in touch with one of our attorneys today and let them handle everything from minutiae of filing, gathering evidence to support your qualifications, helping you file your fees, and responding to any RFEs. With years of experience, our lawyers pay attention to every small detail to ensure timely approval.