Understanding The Eb-1c Visa A Comprehensive Guide For Multinational Executives

What is Form EB-1C?

EB-1C visa, also known as the “Immigrant Petition for Alien Worker,” is a specific type of petition within the employment-based immigrant visa categories. It is designed for multinational executives and managers who are seeking to immigrate to the United States to continue working for a qualifying multinational company or organization. EB-1C falls under the employment-based first preference (EB-1) category, which is reserved for priority workers.

The EB-1C category is specifically meant for multinational executives and managers who have been employed abroad by a qualifying multinational entity for at least one of the three years preceding the petition, and who will be coming to the U.S. to work in a managerial or executive capacity for a U.S. branch, subsidiary, affiliate, or parent company of the same multinational entity.

To qualify for EB-1C classification, the petitioner must demonstrate that:

• The petitioner (U.S. company) and the foreign employer are related as a parent, subsidiary, affiliate, or branch.
• The petitioner has been doing business for at least one year.
• The beneficiary (the foreign national executive or manager) has been employed outside the U.S. for at least one of the preceding three years by the petitioner, an affiliate, parent, or subsidiary.
• The beneficiary is coming to the U.S. to work in a managerial or executive capacity.

If approved, the EB-1C petition establishes the beneficiary’s eligibility for an employment-based immigrant visa, commonly known as a “green card.” The beneficiary and their immediate family members can then apply for lawful permanent residency in the U.S.

The EB-1 category is known for its “priority worker” status, which means that, unlike many other employment-based categories, a labor certification or a specific job offer from a U.S. employer may not be required. However, the evidence required to demonstrate the beneficiary’s qualifications and the relationship between the petitioner and beneficiary can be complex.

As immigration laws and regulations can change, it’s important to consult with an experienced immigration attorney or legal professional to navigate the EB-1C process and ensure that you meet all the requirements.

How to apply for an EB-1C visa?

Applying for an EB-1C immigrant visa involves several steps, including filing a petition with U.S. Citizenship and Immigration Services (USCIS) and going through the consular processing or adjustment of status process. Here’s a general overview of the steps to apply for an EB-1C visa:

Step 1: Determine Eligibility: Ensure that both the employer (petitioner) and the foreign executive or manager (beneficiary) meet the eligibility criteria for the EB-1C category. The beneficiary must have worked for the qualifying multinational entity for at least one of the three years preceding the petition and will be coming to the U.S. to work in a managerial or executive capacity.

Step 2: File Form I-140 (Immigrant Petition for Alien Worker):

• The employer (petitioner) must file Form I-140 with USCIS on behalf of the foreign beneficiary.
• Submit all required supporting documents, including evidence of the qualifying relationship between the petitioner and the multinational entity, evidence of the beneficiary’s executive or managerial role, and evidence of the petitioner’s ability to pay the beneficiary’s salary.

Step 3: USCIS Processing:

• USCIS will review the Form I-140 petition and supporting documents.
• USCIS may issue a Request for Evidence (RFE) if additional information or documentation is needed to establish eligibility.

Step 4: Wait for USCIS Decision:

• Once USCIS approves the Form I-140 petition, the beneficiary’s priority date becomes current if applicable (based on the Visa Bulletin).
• If the beneficiary is in the U.S., they may be eligible to file Form I-485 (Adjustment of Status) if their priority date is current.

Step 5: Consular Processing (if applicable):

• If the beneficiary is outside the U.S. or chooses consular processing, they will need to wait for the National Visa Center (NVC) to process the case and schedule a visa interview at a U.S. embassy or consulate in their home country.

Step 6: Visa Interview and Medical Examination (if applicable):

• The beneficiary attends a visa interview at the U.S. embassy or consulate.
• The beneficiary will undergo a medical examination conducted by a panel physician approved by the embassy or consulate.

Step 7: Receive Immigrant Visa and Enter the U.S.:

• If the visa is approved, the beneficiary receives an immigrant visa in their passport.
• The beneficiary can then enter the U.S. using the immigrant visa.

Step 8: Apply for Green Card (Adjustment of Status):

• If the beneficiary is already in the U.S. and filed Form I-485, they will receive their green card once the adjustment of status application is approved.

Keep in mind that the EB-1C application process can be complex, and requirements may vary based on individual circumstances. Consulting with an experienced immigration attorney who specializes in employment-based visas can help ensure that you navigate the process correctly and increase your chances of a successful outcome.

EB-1C filing fees

The filing fees associated with the EB-1C immigrant visa application can vary based on the specific forms and circumstances of your case. Please note that USCIS fees can change over time, so it’s important to check the official USCIS website for the most up-to-date fee information. Here’s a general overview of the filing fees that might be involved in an EB-1C application:

• Form I-140 (Immigrant Petition for Alien Worker):

• The filing fee for Form I-140, which is filed by the employer (petitioner) on behalf of the beneficiary, varies depending on the type of petition and the size of the employer.
• The standard filing fee for Form I-140 is approximately $700.

• Form I-485 (Adjustment of Status) – Optional:

• If the beneficiary is in the U.S. and is eligible to adjust status, they might choose to concurrently file Form I-485 along with Form I-140.
• The filing fee for Form I-485 depends on the age of the applicant and whether they are filing as the principal applicant or as a dependent.
• The filing fee for Form I-485 for applicants under the age of 14 is approximately $750, and for applicants aged 14-78, the fee is approximately $1,140.

• Form DS-260 (Immigrant Visa Application) – Consular Processing:

• If the beneficiary is outside the U.S. and is going through consular processing, they might need to pay the visa application fee.
• The visa application fee varies depending on the U.S. embassy or consulate where the visa interview is scheduled.

Please note that these fees are subject to change, and additional fees might be required based on your specific circumstances. Always refer to the official USCIS website for the most current and accurate fee information.

Additionally, it’s important to consider other potential costs, such as medical examinations, translations, travel expenses, and attorney fees if you choose to work with an immigration attorney. Consulting with an experienced immigration attorney can help you navigate the process, understand the associated fees, and ensure that you meet all requirements for the EB-1C application.

EB-1C checklist of required documents

Preparing a comprehensive checklist of required documents for the EB-1C immigrant visa application is essential to ensure that you provide all the necessary evidence to demonstrate eligibility as a multinational executive or manager. Keep in mind that specific requirements might vary based on individual circumstances and USCIS guidelines. Here’s a general checklist of documents you might need for the EB-1C application:

Required Documents for EB-1C Immigrant Visa Application:

• Form I-140 (Immigrant Petition for Alien Worker):

• Completed and signed by the employer (petitioner) on behalf of the beneficiary.
• Include the appropriate filing fee (check USCIS website for current fee).

• Cover Letter:

• A cover letter summarizing the purpose of the petition and listing the enclosed documents.

• Proof of Qualifying Relationship:

• Documents proving the qualifying relationship between the U.S. petitioner and the foreign company, such as organizational charts, ownership documents, and annual reports.

• Proof of U.S. Company’s Ability to Pay:

• Financial documents demonstrating the U.S. company’s ability to pay the beneficiary’s salary. This might include financial statements, tax documents, and other relevant evidence.

• Job Offer Letter:

• A detailed job offer letter outlining the position, responsibilities, and managerial or executive duties the beneficiary will perform in the U.S.

• Employment Verification Letters:

• Letters from current or previous employers, both foreign and U.S., outlining the beneficiary’s employment history, job titles, roles, and responsibilities.

• Proof of Beneficiary’s Qualifications:

• Documents demonstrating the beneficiary’s qualifications as a multinational executive or manager, including educational degrees, certifications, work experience, and achievements.

• Proof of Previous Employment:

• Evidence of the beneficiary’s employment with the foreign qualifying multinational entity for at least one of the three years preceding the petition.

• Detailed Job Description:

• A detailed description of the job the beneficiary will perform in the U.S., emphasizing managerial or executive duties.

• Organizational Structure Documents:

• Documents showing the organizational structure of the U.S. company and its relationship to the foreign entity, such as articles of incorporation, partnership agreements, and corporate documents.

• Proof of Previous Managerial or Executive Role:

• Documents demonstrating the beneficiary’s previous managerial or executive role within the qualifying multinational entity.

• Letters of Support and Recommendation:

• Letters from colleagues, subordinates, clients, or business partners attesting to the beneficiary’s managerial or executive role, contributions, and skills.

• Translations:

• Certified translations of any documents that are not in English.

• Passport Photos:

• Passport-style photos of the beneficiary as per USCIS specifications.

Please note that this checklist is not exhaustive and might require modification based on your specific circumstances. Always refer to the official USCIS instructions for the EB-1C category and consult with an experienced immigration attorney to ensure that you are providing the required documents accurately and effectively.