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The EB-1C immigrant category is another visa available in the First Preference category of employment-based permanent resident petitions.
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EB-1C visa is designed specifically for managers and executives who are employed by a multi-national company and wish to apply for permanent residency in the USA. It has many advantages over other immigrant visas, including not requiring a labor certification.
To be eligible for EB-1C visa the you must have been employed outside the United States in a managerial/ executive capacity for at least 1 year by a multi-national business and are now seeking to continue service to that business in the US.
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Do you know if you are eligible to apply?+-
Do you know what immigration form(s) to use?+-
Do you know what documents and/or evidence to submit with your application?+-
Do you know the amount of the government fee(s) you need to pay?+-
Do you know where to file the your immigration package?+-
Our online software makes it so easy to complete your immigration paperwork
Our online software makes it so easy to complete your immigration paperwork
General instruction by USCIS
To file an application for an EB-1C, the US business should file a Form I-140, Petition for Alien Worker together with supporting documentation and filing fee.
Supporting Documents:
Generally, the Petitioner must provide a detailed description of the job the alien will be performing and a statement declaring the alien has fulfilled all EB-1C requirements. To prove that the manager/executive is qualified for the position the following must be submitted:
- A resume;
- A diploma;
- A letter from the overseas company confirming employment;
- Appointment documents or board resolution confirming the transfer;
- Any other evidence attesting to the transferee’s professional skills.
What is the difference between L-1A and EB-1C visas?
L-1A visa has expiration date and does not make its holder eligible to apply for a green card. The main difference between L-1A and EB-1C is EB-1C does not expire and is a pre-requisite to a legal permanent residency in the US. Because requirements for both visas are very similar a person who is currently in L-1A status and worked for the company for at least a year can apply for EB-1C visa. In fact, the case for the EB-1C visa is substantially stronger is it is based on the prior L-1A status. However, it is still possible to obtain EB-1C status without ever having obtained L-1A visa/status.
Is it possible for the spouse or unmarried children of a multinational executive or manager to obtain permanent residency through this classification?
Yes. Spouses and unmarried children under the age of 21 may file concurrently or subsequently to obtain permanent resident status through the principal alien.
As an alien, can I file for myself under this classification?
No. An employer in the United States must make the petition.
What is the meaning of “managerial capacity”?
The qualifying job assignments of managers are:
- Managing the organization or a department thereof;
- Overseeing the work of smaller departments of the organization and the managers of those departments;
- Possessing the authority to conduct personnel actions affecting other employees;
- Conducting the direction of daily activities and functions of employees.
What exactly is “executive capacity”?
The qualifying job assignments of executives are:
- Directing the management or other significant function of the organization;
- Forming policies and goals for the organization;
- Decision making of a broad range level;
- Receiving supervision from only the highest level executives or board of directors.
What are the primary qualifications required of the alien beneficiary?
First and foremost, he or she needs to have been employed outside the U.S. for a minimum of one of the last 3 years prior to the petition, and that employment must have been with the same employer in a managerial or executive capacity.
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Our online software makes it so easy to complete your immigration paperwork
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Immigration Advocacy Service
Immigration Advocacy Service
With our Attorney Application Review option, you can choose to have an experienced immigration attorney review your application and correct any mistakes.
With our Attorney Application Review option, you can choose to have an experienced immigration attorney review your application and correct any mistakes.
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