EB1C Visa Guide: Everything You Need to Know About the EB1C Visa
The EB1C visa is a great option for managers and executives to transfer from a foreign company to a related US company. With an EB1C visa, a foreign worker can get a green card for themselves, their spouse, and their unmarried children under 21 years old.
In this guide, I’m going to discuss what you need to know about the EB1C visa.
If you have any questions, please email me directly at Michael@AshooriLaw.com. I'm the founding attorney at Ashoori Law and I would be happy to answer your questions.
Overview:
1. What is the EB1C Visa?
2. What are the Benefits of an EB1C Visa?
3. What are the EB1C Visa Requirements?
4. What Documents are Needed to Apply for an EB1C Visa?
5. What is the Process of Applying for an EB1C Visa?
6. Conclusion
1. What is the EB1C Visa?
The EB1C visa is an immigrant visa classification for multinational managers and executives. The EB1C visa allows a foreign company to transfer a manager or executive to a related US company. The US company does not need to get an approved Labor Certification to hire the foreign worker. Instead, the US company can simply hire the foreign worker through a job offer.
The US company must have been doing business for at least 1 year at the time the application for the EB1C visa is filed. Also, it is critical that the foreign worker’s job duties for the US company will be primarily managerial or executive in nature (I’ll discuss what this means down below).
The EB1C visa is very similar to the L1A visa, as both classifications require that the foreign worker come to the United States to work as a manager or executive. The definitions for manager and executive are essentially the same for the EB1C visa as they are for the L1A visa. However, the EB1C is evaluated more strictly. To get an EB1C visa, the US employer must file the EB1C petition on behalf of the foreign worker. The EB1C visa is not eligible for self-petition. The US employer is the petitioner and the foreign worker is the beneficiary.
The EB1C visa is an immigrant classification, so it qualifies the foreign worker, their spouse, and their children under 21 years old for a US green card.
Summary:
- The EB1C visa is an immigrant visa which allows a foreign company to transfer manager or executive to a related US company.
- The foreign worker must work primarily in a managerial or executive capacity for the US company.
- A successful EB1C visa beneficiary can get a green card for themselves, their spouse, and their children under 21 years old.
2. What are the Benefits of an EB1C Visa?
i. No Labor Certification Required
- Many employment-based visa classifications require a US employer to first get an approved Labor Certification. A Labor Certification demonstrates that the US company attempted to obtain a qualified US worker and was unable to do so.
- The Labor Certification process can be time consuming and tedious.
- The EB1C visa does not require an approved Labor Certification. Instead, the US company can forgo the Labor Certification process and directly hire a foreign worker through a job offer.
ii. The EB1C Visa is an Immigrant Visa Classification
- The EB1C visa is an immigrant visa classification. Successful beneficiaries can obtain a US green card (lawful permanent residency) for themselves, their spouse, and unmarried children under 21 years old.
- With a green card, you have the ability to travel in and out of the USA.
- You have work authorization to work in any lawful capacity in the USA.
- You have access to US schooling for yourself and your family.
3. What are the EB1C Visa Requirements?
In order to get an EB1C Visa, there are 5 main requirements:
- There must be a qualifying relationship between the foreign company and the US company.
- The visa beneficiary must have worked for the foreign employer for at least 1 continuous year during the preceding 3 years prior to filing the EB1C visa petition.
- The visa beneficiary must have worked for the foreign company in a managerial or executive capacity.
- The visa beneficiary must have a full-time job offer to work for the US company in a managerial or executive capacity.
- The US company must have been doing business for at least 1 year prior to filing the EB1C petition.
i. There must be a qualifying relationship between the foreign company and the US company.
The EB1C visa allows a foreign company to transfer a worker to a related United States company. There must be some type of qualifying relationship between the foreign company and the US company.
There are 3 types of relationships that are considered qualifying relationships:
- 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 and controls the company
- One of the companies own 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 operating in a different location
- To qualify for an EB1C visa, the branch office must be a US corporation and cannot be a foreign entity. This is different from the definition of branch office for an L1 visa, which requires the US office to be a foreign corporation operating in the US.
Affiliate
Companies are affiliates of each other if:
- They are subsidiary companies that are owned and controlled by the same parent company or individual
- OR if they are owned and controlled by the same group of people, who each own and control the same proportion of each company.
- Certain international accounting companies are also considered affiliates.
Final Notes of Qualifying Relationships
- The qualifying relationship must be in existence at the time the EB1C visa petition is filed. The relationship should ideally continue to exist until the beneficiary gets their EB1C visa.
- The US company (petitioner) cannot be a sole proprietorship.
- The petitioner cannot be a foreign company.
ii. The EB1C visa beneficiary must have worked for the foreign employer for at least 1 continuous year during the preceding 3 years prior to filing the EB1C visa petition.
To qualify for an EB1C visa, the beneficiary must have worked for the foreign company full-time for 1 continuous year, prior to filing the EB1C petition.
If the beneficiary is currently working for the US company that is filing the immigrant petition on their behalf, then they must have worked for the foreign company for 1 year within the preceding 3 years prior to beginning their work for the US company.
If the beneficiary is not already working for the US company that is filing the immigrant petition on their behalf, then they must have worked for the foreign company for 1 year within the 3 years preceding the date the EB1C petition is filed.
iii. The EB1C visa beneficiary must have worked for the foreign company in a managerial or executive capacity.
In order to qualify for an EB1C visa, the beneficiary must have worked for the foreign company in a managerial or executive capacity.
General Notes on Managerial and Executive Capacity:
- One of the most important requirements to get an EB1C visa has to do with the type of work you did for your foreign employer the type of work you will do for the US petitioner.
- The employment for the foreign company and the employment for the US company must be primarily in a managerial or executive capacity.
- The focus of USCIS is whether the beneficiary is engaged in day-to-day non-managerial activities of the business or whether they are managing those activities.
- The more it appears that the beneficiary is engaged in the day-to-day operations of the business, the less likely it is that USCIS will find that the beneficiary was primarily engaged in managerial or executive duties.
- USCIS often denies EB1C cases because the role of the prospective EB1C visa beneficiary is limited to just managing employees. This role is often referred to as a first-line supervisor and does not qualify for EB1C unless the employees that the beneficiary manages are professionals. Professional employees are employees that require at least a bachelors degree to perform their job.
- The smaller that a company is, the more likely it is that USCIS will find that the beneficiary handles the day-to-day operations of the business and that the beneficiaries responsibilities are not primarily managerial or executive in nature.
Managerial Capacity
There are 2 types of managers that qualify for an EB1C visa:
- Personnel Managers
- Function Managers
Personnel Managers
For personnel managers, managerial capacity means that the EB1C beneficiary primarily:
- Manages and controls the work of other supervisory, professional, or managerial employees
- Supervises and controls the work of other supervisory, professional, or managerial employees
- Possesses the authority to hire and fire or recommend those types of personnel actions for the employees they directly supervise
- AND exercises discretion over the day-to-day operations of the activity or function that they have authority over. [8 CFR Section 204.5]
Function Managers
For function managers, managerial capacity means that the EB1C beneficiary primarily:
- Manages 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
- AND exercised discretion over the day-to-day operations of the activity or function that they have authority over. [8 CFR Section 204.5]
Executive Capacity
Executive capacity means that the beneficiary primarily:
- Directs that management of the organization or a major component or function of the organization
- Establishes the goals and policies of the organization, component, or function
- Exercises wide latitude in decision-making
- AND receives only general supervision or direction. [8 CFR Section 204.5]
iv. The EB1C visa beneficiary must have a full-time job offer to work for the US company in a managerial or executive capacity.
To qualify for an EB1C visa, the beneficiary must be coming to the USA to work for the US company in a managerial or executive capacity.
The US company must give the beneficiary a job offer. The US company will file the immigrant petition for the benefit of the foreign worker. The US company is the petitioner and the foreign worker is the beneficiary.
The general notes on managerial and executive capacity, stated above, as well as the definitions for managerial and executive capacity apply to this section as well.
v. The US company must have been doing business for at least 1 year prior to filing the EB1C petition.
In order to qualify for an EB1C visa, the US company that the beneficiary will work for must have been doing business for at least 1 year at the time the EB1C petition is filed.
Doing business means the “regular, systematic, and continuous provision of goods and/or services.” [8 CFR Section 204.5]
It is not enough that there is a US office in existence. It must be actively conducting business for at least 1 year to qualify for EB1C.
4. What Documents are Needed to Apply for an EB1C Visa?
The documents that are submitted with an EB1C petition are extremely important to getting your case approved. The specific documents you will need to provide depend on your particular case. I highly recommend that you discuss the specifics of your case with a qualified immigration lawyer. If you have any questions about which documents to include in your EB1C petition, email me at Michael@AshooriLaw.com.
With that disclaimer, here is a general list of some of the documents you should include with your EB1C visa petition:
- Signed statements from authorized representatives of the US company and foreign company explaining the qualifying relationship between the foreign company and the US company.
- Tax returns for both the US company and the foreign company.
- Records of stock ownership for both the US company and the foreign company.
- Articles of incorporation for both the US company and the foreign company.
- By-laws for both the US company and the foreign company.
- To prove that the business has been operating for 1 year you should submit the US company's business license, lease agreement for business office, state and federal tax returns, W-2’s for employees, business pamphlets and other promotional material.
- Detailed organizational charts for both the US company and the foreign company.
- Signed statements from authorized representatives of the US company and foreign company clearly explaining the foreign workers job description and daily duties with percentages of time spent on each task.
5. What is the Process of Applying for an EB1C Visa?
i. Step 1: Hire an Immigration Lawyer
The first step in applying for an EB1C visa is to hire a qualified immigration lawyer. Your immigration lawyer will analyze the specific details of your case and provide you with a plan for how to proceed.
Your immigration lawyer will also provide you with a detailed list of documents needed to file your EB1C petition. Your job will be to collect these documents and provide them to your immigration lawyer so that they can prepare and submit your immigrant petition.
ii.Step 2: File Form I-140
The Form I-140 is also called the Immigrant Petition for Alien Worker. This is the initial form that your immigration lawyer will file on your behalf. The US company is listed as the Petitioner and the foreign worker is listed as the beneficiary.
Your immigration lawyer will also submit all supporting documents, including organization charts, tax records, signed statements, etc. along with the Form I-140.
iii. Step 3: Adjustment of Status or Visa Processing
The next step will depend on the EB1C visa beneficiary’s particular circumstances. There are 2 separate options for how to proceed:
- Adjustment of Status
- Visa Processing
Adjustment of Status
- The adjustment of status is the process of going from non-immigrant status to immigrant status.
- An adjustment of status is an option available to certain non-immigrants who are lawfully present in the United States in a non-immigrant status. For example, if you lawfully present in the United States in L1 status, then you may be eligible for an adjustment of status.
- In order to do an adjustment of status, your immigration lawyer will file a Form I-485. The Form I-485 is also called the Application to Register Permanent Residence or Adjust Status.
- In certain cases, you may be able to file your adjustment of status application concurrently with your Form I-140. You are typically granted work authorization within 90 days of filing your adjustment of status application.
Visa Processing
- If you are not lawfully present in the USA, then you will likely go through visa processing. Visa processing, also referred to as consular processing, is the process of getting a visa at a US Consulate abroad.
- In order to do visa processing, you will file a Form DS-260 (Immigrant Visa Application) with the appropriate US consulate. Once your DS-260 is processed, you will schedule and attend a visa interview. Upon successful completion of your visa interview, you should get an EB1C visa.
6. Conclusion
The EB1C visa is a powerful option for foreign businesses to transfer a manager or executive to a related US company. With an EB1C visa, the foreign worker can qualify for a US green card to live and work in the United States.
In order to get an EB1C visa approved, it is extremely important to make sure that you satisfy all of the EB1C visa requirements. The EB1C classification is processed more strictly than the L1 visa, because it is an immigrant classification and qualifies for a green card.
If you need help applying for an EB1C visa, or if you have any questions about this guide, please email me at Michael@AshooriLaw.com.
I’m Michael Ashoori, Esq. and I’m a US immigration lawyer based in Los Angeles, California. My legal practice is focused on helping professionals and entrepreneurs get visas to the United States and I would be happy to help you as well.
Resources:
- Business Immigration: Law & Practice, 2ND ED. Vol. 2: Chapter 3 - The Immigrant Visa Petition
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Rijo Joy Kattukaran
16:51 10 Oct 21
My experience so far with Ashoori Law has been awesome. I was in a hurry as it was years of waiting, and then the turn came up quickly, I had to act fast, am very glad I made the decision to choose Ashoori Law. Right from the initial request for a... consultation, the entire team was very responsive, attentive, prompt, detailed oriented. They were very transparent, with their fees (which is very reasonable) and clear. Especially during this pandemic made it as much as they could easier for me through virtual online submissions as much as possible. Ashoori Law exhibited had prepared documentation which was very easy to fill in and complete. Special mention to Lahaina Araneta, who helped me with all my queries and I hardly had to wait more than a day for all those to be answered. Though my journey is still not yet complete, would use Ashoori Law for any of my future needs and also would recommend them for all who is looking for immigration needs. Again a big note of thanks for all your help.read more
ALI ALNASAR
21:26 08 Oct 21
They are quick to respond and answer any questions I have. The staff was friendly, helpful, and easy to understand. This is the most professional office I had dealt with!
Seann Farrell
01:36 08 Oct 21
Citizenship acquired from beginning to end in under 10 months. Professionally prepared paperwork, documentation easy to submit online, very pleased with the outcome. Without the professional services of Ashoori Law there's a good chance delays and... issues could have occurred. I recommend Ashoori if peace of mind is your goal.read more
Juliana Chen
21:30 04 Oct 21
My experience with Ashoori Law was excellent. The teams were very attentive, always there to help with any of my questions. Always quick to respond and deal with any of my concerns. They are very knowledgeable and professional. I couldn’t be more... pleased with the services that they provided to me. I would highly recommend Ashoori Law to anyone with legal needs.read more
amit singh
16:04 04 Oct 21
I had a consultation with Rohit today. He patiently listened to my case and questions and provided satisfactory responses to all. I am happy with the discussion. I may end up taking a paid consultation for more details. I would recommend them to... others as well. Thanks Rohit!read more
Ashish sinha
00:27 02 Oct 21
I reached Michel to get help on i765(L2 EAD) expedite request. He explained me the chances are slim yet filed the request on my behalf.They are just a message away and revert phone calls anytime. They try to explain every bit of your... case.Despite of my expedite request having a low chance of approval, I am glad that my case was picked it's all because Michel and his team prepared my case so well that I got the expedited request approved.I am so happy, kudos to Michel, venshkha, jaser.Ashish Sinharead more
Dina Ibrahem
22:56 01 Oct 21
I've been dealing with them for a year now, they helped me a lot, very professional and friendly! I am always comfortable taking their advices and consult them through my case and they never let me down. and most importantly is that they are very... humble and available literally any time i needed an advice or if I have any concerns.I also LOVE that they email me before any important appointment I would have, making sure that I receive the mails and always sending me soft copies just in case which is GREAT and they constantly keep reminding all the way till my appointment comes. I am still a client with them and very happy, Thanks to Vaneskha Wilson, Jeser Romero, Lahaina Araneta, Milena Manukyan, Elaine Leduna , Karla Samayoa and of course Michael Ashoori.read more
Sach Gill
19:39 30 Sep 21
Had a chat with Rohit Srinivasa. He is informative and possess good knowledge about the immigration related matters. Highly recommended.
Aniruddha Ghosh
16:53 30 Sep 21
Talked to Rohit Srinivasa from Ashoori Law. He is incredibly knowledgable about US immigration laws and is quite freindly. Highly recommended if you are a student on F-1 (OPT, STEM) or are looking to file H-1B.
Kristina Karalic
18:56 29 Sep 21
We accidentally found Ashoori Law online, but we're so happy we did because they have been nothing but outstanding! Ashoori Team has been helping us with multiple cases, including B, L visas and green cards. Their portal is very user friendly, and... their staff is always responsive, caring and detailed. I'd like to give a special shout-out to their Director of Legal Operations, Lahaina Araneta, who has been an absolute delight to work with. I am highly recommending Ashoori Law to anyone seeking immigration services!read more
Zulfa Sultana
18:18 29 Sep 21
I am glad I chose them. Above everything, they are friendly and work closely with you. Owner of the law firm himself is available to talk if needed. Highly recommending them.
Joao Castro
00:31 29 Sep 21
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
Ahmad Jawid
01:45 28 Sep 21
Ashoori Law, Michael and his team are very professional , helpful and great people for their clients . i am very glad that i had Ashoori Law team for my paperworks . I recommend everyone Ashoori Law especially for Immigration purposes ask for... Michael .read more
Ariel 0054 Realty
01:43 28 Sep 21
Extremely professional teamWithout any doubt, they can handle with knowledge and expertise any caseYou are in good hands with them
Mittal Patel
20:29 27 Sep 21
Have worked with many immigration Lawyers. Ashoori law was very affordable and got back to me in timely manner. Made sure I was on time with my fillings and that we responded to our RFE with adequate info. Lahaina is one of their E2 lawyers and was... expert with these kinds of cases. Will hire them again for renewals.read more
Pragalath Mohandas
20:30 25 Sep 21
Amazing experience. Ashoori Law firm gave me hope and prepared a strong case & I got my E2 case approved in one week. I spoke to other immigration lawyers & i was not satisfied. its easy to communicate with everyone! I highly recommend them to... anyone looking to get immigration help!read more
bhakti savai
12:26 21 Sep 21
I had great experience with Ashoori Law. Professional, knowledgeable, responsive, client-centric, and timely! Highly recommended!
William & Heather Oon
01:17 20 Sep 21
We are grateful and thankful to Ashoori Law and its team. They are very understanding, patient, responsive with all our enquiries and prompt in providing updates to our status. We highly recommended their service.
Kaushik Kuila
19:43 17 Sep 21
I have used Michael Ashoori's Law Firm for my mother's Green Card processing. I have found them very professional and responsive along the way, answering all my queries in a timely manner. I'll readily use them for any immigrations needs in future.
Hyunwook Shin
07:45 10 Sep 21
Michael Ashoori and his firm helped us navigate the complex filing process, answer any questions we have with care, and eventually attain successful approvals. Highly recommended!
Sharon Shanaya
21:53 05 Sep 21
My case was a bit complicated due to my ex-husband and his family but this firm dealt with my I-485 case so nicely and professionally. I was given only 2 weeks to lodge my application due to my messy divorce. This firm made sure my case was filed... before my conditional green card expires. Got my green card in 5 months even during this Covid time when everything takes ages to process. I Will recommend them to anyone who is having difficulty with immigration. Absolutely the best. Don't waste ur time with other attorneys.read more
H. George
02:10 01 Sep 21
Very professional, they have a very good system to prepare your case and make proper follow ups.My case was a little bit complicated and other places they were taking advantage trying to charge me a lots of money but Michael never did... that.Recommending 100% best lawyer ever.read more
Linda Bradley
06:06 25 Aug 21
Very happy with your services 🙏🏻🙏🏻🙏🏻
jarka sakacova
01:08 24 Jul 21
I have a very pleasant experience with Rohit from Ashoori Law , he was very patient, professional and had a strong knowledge and answered all my questions in detail. I would recommend highly to use Ashoori Law service.
samah elwakkad
15:36 23 Jul 21
I would like to thank Ahoori law office and all the team who was helping us to obtain our L1A approvalThis office Law is truly dedicated to clients, very responsive and professional, they helped me get through so many obstacles.Can't thank them... enough for their effortsIt's really amazing how they guide their clients until they achieve their goals.Thank you Michael for the amazing dedicated team and a special thanks for Lahaina who is really an amazing person and very knowledgeable and really helpful and supportive, also Christina who has helped me a lot through this.You're the best guysKeep it upread more
raechel schofield
22:07 22 Jul 21
Highly recommend Ashoori Law. My adjustment of status was a smooth and easy process. They are always happy to answer any questions you may have along the way.
Kishore Kumar
21:13 22 Jul 21
I highly recommend Michael and his legal team for being thorough professionals. I worked with Lahaina Araneta and Kelly Raposa. Both are so helpful. They made my adjustment of status to register permanent residence a smooth and seamless process. I... definitely recommend their service !read more
Manoj Gunawardena
13:46 22 Jul 21
My experience with Ashoori Law is very good, all of my questions were quickly answered and clearly. The staff was qualified, friendly. Specially I worked with Mr. Rohit Srinivasa . I can highly recommend them.
Mohammad Ahraz Hussain
19:55 20 Jul 21
The whole process of evaluating the case, submission of RFE and then correspondence was extremely well done!
Zed Karkar
15:06 20 Jul 21
A Very helpful and professional law firm. helped us out with our application.
Inger Nicolaisen
14:57 15 Jul 21
Michael Ashoori’s professionalism and expertise is unmatched in the industry! My experience with Ashoori Law is very positive, all of my questions were quickly answered making my adjustment of status a very smooth process. The staff was... unbelievably friendly and ensured the best amount of care was taken with my case! I can’t recommend them enough!!read more
Sadaf Nadeem
00:42 09 Jul 21
I highly recommend Micheal and his legal team for being thorough professionals. Their knowledge and expertise are second to none and their work ethic is unmatched.
kvshirazi
18:28 08 Jul 21
I had a great experience with Ashoori Law. Lahaina, Michael and Ehsan helped me to get my TN visa approved in no time.Lahaina is very responsive. Being able to reach out and talk to your lawyer/attorney is exactly what you need when you apply for... your visa...I definitely recommend them for any immigration services.read more
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.