EB-1C Overview
Certain multinational managers or executives who are transferred to the United States to continue working in a managerial or executive capacity for a qualifying entity may obtain lawful permanent residency status under EB-1C without the need for a labor certification application.
Generally, the following criteria must be met:
- There must exist a qualifying relationship between the foreign company and the U.S. company, such as a parent, subsidiary, affiliate or branch relationship.
- The employee must have worked for the foreign employer for at least one continuous year during the three years before filing the petition (or if the beneficiary is already in the U.S., then the employment must have occurred within the three years prior to entry).
- The beneficiary must have worked for the foreign employer in a managerial or executive capacity.
- There 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 a least a year before filing and have the ability to support an executive or managerial position.
Requirements for EB-1C
To apply for EB-1C, the U.S. employer must file a Form I-140, Immigrant Petition for Alien Worker. The U.S. employer must also demonstrate a continuing ability to pay the offered wage as of the priority date which can be shown using an annual report, federal income tax return, or audited financial statement. Additionally, the U.S. employer must also include corporate documents establishing the qualifying relationship, proof of the beneficiary’s employment abroad, and detailed descriptions of job duties demonstrating managerial or executive capacity.
