To qualify under the EB-1C category, a foreign national must be employed abroad by a firm or corporation or an affiliate or subsidiary of that firm or corporation for at least one year the three years prior to the date of the petition. This foreign national is sponsored by their current employer to come to the U.S. to work for the employer’s U.S. office or affiliate in a managerial or executive capacity. The EB-1C is very similar to the L-1 visa except a petitioner cannot claim specialized knowledge to qualify for the EB-1C.
An example of an employee and company that would qualify for the EB-1C is as follows:
Company A is a corporation in Japan that has existed for ten years. Company A has a subsidiary corporation in the United States called Company B. Company B has been in existence and conducting business within the U.S. for one year. Employee has been working for Company A for five years in a managerial capacity. Company B offers Employee a job as Chief Executive Officer.
Under this set of facts, Company B may file an EB-1C petition on behalf of Employee.
Yes. You cannot self-petition for the EB-1C.
To qualify for the EB-1C green card, the petitioning employer and prospective beneficiary must meet certain requirements.
The prospective beneficiary must have been employed for one year within the three years preceding the petition by the parent company, foreign affiliate, branch, or subsidiary of the U.S. employer. The prospective beneficiary must also be seeking work in the U.S. in a managerial or executive capacity.
The petitioning employer must have existed in the U.S. for at least one year and conduct business within the U.S. The petitioning employer must also have a qualifying relationship with the potential beneficiary’s foreign employer.
Unlike the L-1, the foreign national cannot assert a specialized skill or set of knowledge. The foreign national must be coming to the U.S. to work for a company in a managerial or executive capacity.
The U.S. petitioning company must have a qualifying relationship with the beneficiary’s foreign employer. This means that the U.S. petitioning company may be any of the following:
– The parent company of the foreign employer;
– An affiliate, which includes entities owned and controlled by the same group of individuals in roughly the same share or proportion of each entity;
– Subsidiaries of the foreign employer; and
– U.S. branches of the foreign employer.
The U.S. petitioning company and foreign employer must have this relationship at the time that the petition is filed.
Being employed in a managerial capacity means that the employee personally:
– Manages the organization or a department, subdivision, function, or component of the organization;
– Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization or department or subdivision of the organization;
– Has authority to hire, fire, or recommend personnel actions (or functions at a senior level); and
– Exercises discretion over the day-to-day operations of the activity or function.
Being employed in an executive capacity means that the employee personally:
– Directs the management of the organization, or a component or function of the organization;
– Establishes goals and policies;
– Exercises wide latitude in discretionary decision making; and
– Receives only general supervision or direction from higher-level executives, the board of directors, or stockholders.
If you think you may qualify for the EB-1C, you should submit the following:
– A statement from the U.S. employer concerning the previous and offered employment with the company;
– A job offer in the form of a detailed statement including the duties of the position and the capacity in which the beneficiary is to be employed;
– Documentary evidence that the company is an active company that conducts substantial business;
– Evidence of the need for an executive or manager;
– Organizational charts;
– Documentary evidence of the beneficiary’s qualifications for the offered position;
– Evidence of the qualifying relationship between the petitioning company and the beneficiary’s foreign employer;
– Business license and incorporation documents;
– Business plan;
– Corporate Income Tax Returns;
– Pictures of the business;
– Bank statements;
– Proof of transactions;
– Office lease;
– Stock certificates;
– Other documentary evidence necessary to show legitimacy and qualification.
USCIS has denied EB-1C petitions for failure to provide enough details of the duties of the position.
Yes. If the company has already petitioned for the beneficiary to work in the U.S. on L-1A status, the company may also petition for the beneficiary on EB-1C status. Since the L-1A is considered “dual intent,” the L-1A visa holder may pursue lawful permanent resident status while in the U.S. on L-1A status without violating their L-1A status.
The L-1A is a nonimmigrant visa. The L-1A visa holder cannot exceed seven years on L-1 status. With the EB-1C green card, however, there is no limit to how long you may remain in the country. EB-1C green card holders are lawful permanent residents.
We emphasize on clear communication and a personal approach. Our clients work directly with an attorney from the initial consultation through the resolution of the case. We are quick to respond to client needs, available to answer your questions and intent on keeping you informed of the status of your case.
Few areas of law impact the long-term future of individuals and businesses as much as immigration law. The attorneys at C.T. Lee & Associates understand this, which is why we carefully analyze every client’s needs before developing a strategy that is designed to achieve each client’s goals as effectively and cost-efficiently as possible. See below for our list of services within immigration.
BUSINESS AND EMPLOYMENT-BASED IMMIGRATION – L-1 VISAS – O-1 VISAS – H-1B VISAS – EB-1 EXTRAORDINARY ABILITY GREEN CARDS – EB-2 EXCEPTIONAL ABILITY GREEN CARDS – EB-3 SKILLED AND UNSKILLED GREEN CARDS – EB-5 INVESTOR/EMPLOYMENT CREATION VISA – E VISAS (TRADER, INVESTOR, SPECIALITY OCCUPATIONS) – FAMILY-BASED IMMIGRATION – GREEN CARDS – VISITORS AND STUDENTS – P-1 & P-4 VISAS – U VISA – SPECIAL IMMIGRANT JUVENILE STATUS
