The EB-1C classification allows U.S. employers to petition for multinational executives and managers to work permanently in the United States. The beneficiary must have been employed abroad by a qualifying organization for at least 1 year out of the previous 3 years in a managerial or executive capacity. No labor certification is required.
The beneficiary must have been employed abroad by a qualifying organization for at least 1 year out of the previous 3 years in a managerial or executive capacity.
The petitioning U.S. employer must have been doing business in the United States for at least 1 year before filing.
The U.S. employer and foreign organization must maintain a qualifying relationship (parent, subsidiary, or affiliate).
Both the U.S. employer and foreign organization must be actively engaged in doing business.
The beneficiary must be coming to work in a primarily managerial or executive position.
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Regulatory Criteria
Personnel Manager
A personnel manager primarily manages the organization, department, or function; supervises other supervisory, professional, or managerial employees; has authority to hire/fire; and exercises discretion over day-to-day operations.
Examples
Manages organization, department, subdivision, or component
Supervises and controls work of supervisory, professional, or managerial employees
Authority to hire, fire, and recommend personnel actions
Exercises discretion over day-to-day operations
Function Manager
A function manager primarily manages an essential function within the organization, functions at a senior level, and exercises discretion over day-to-day operations - even without directly supervising employees.
Examples
Manages an essential function of the organization
Functions at senior level within organizational hierarchy
Exercises discretion over the function's operations
Does not directly perform the function being managed
Executive Capacity
An executive primarily directs the management of the organization or a major component; establishes goals and policies; exercises wide latitude in discretionary decision making; and receives only general supervision from higher-level executives or the board.
Examples
Directs management of organization or major component
Establishes goals and policies
Wide latitude in discretionary decision making
Receives only general supervision from higher levels
Qualifying Relationship
The U.S. employer must be a parent, subsidiary, or affiliate of the foreign organization. Ownership and control are the key factors.
Examples
Parent-subsidiary relationship (owns more than 50% and controls)
50-50 joint venture with equal control and veto power
Affiliates owned by same parent or same group of owners
Same employer with foreign office
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Application Process
Qualifying Employment
Beneficiary must have worked abroad for qualifying organization in managerial/executive capacity for 1 year within past 3 years.
Establish Relationship
Document qualifying relationship between U.S. and foreign entities (parent/subsidiary/affiliate).
Job Offer
Obtain permanent job offer for primarily managerial or executive position in the U.S.
Evidence Compilation
Gather documentation of organizational structure, job duties, staffing levels, and business operations.
I-140 Filing
U.S. employer files Form I-140 with supporting evidence.
Adjudication
USCIS evaluates managerial/executive capacity and qualifying relationship.
Approval & Green Card
Once I-140 is approved, proceed with Adjustment of Status or Consular Processing.
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Key Benefits
No PERM Labor Certification required
Premium Processing available
Green Card for spouse and unmarried children under 21
First preference category (faster visa availability)
Path to permanent residency through employment
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Documents Needed
Valid Passport
Evidence of 1 Year Foreign Employment in Managerial/Executive Capacity
Organizational Charts (Foreign and U.S. entities)
Job Descriptions and Duty Statements
Evidence of Qualifying Relationship (ownership documents)
Business Registration Documents
Tax Returns and Financial Statements
Evidence of Doing Business (contracts, invoices, etc.)
Job Offer Letter for U.S. Position
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Frequently Asked Questions
What is a 'qualifying relationship' between companies?
A qualifying relationship exists when the U.S. employer is a parent, subsidiary, or affiliate of the foreign entity. This requires ownership and control - either one entity owns/controls the other, or both are owned/controlled by the same parent or group of owners.
What is the difference between a personnel manager and function manager?
A personnel manager supervises other supervisory, professional, or managerial employees. A function manager primarily manages an essential function of the organization without necessarily supervising employees, but must function at a senior level and not directly perform the function being managed.
Can I qualify as a first-line supervisor?
A first-line supervisor is not considered to be acting in a managerial capacity merely by virtue of supervisory duties unless the employees supervised are professional. The statute has a more limited definition of 'manager' than common usage.
What does 'doing business' mean?
Doing business means the regular, systematic, and continuous provision of goods or services. It does not include the mere presence of an agent or office. Both the U.S. employer and foreign entity must continue doing business until visa issuance or adjustment of status.
Can I open a new office in the U.S. with EB-1C?
No. Unlike the L-1 nonimmigrant visa, the EB-1C immigrant classification requires that the U.S. employer has been doing business for at least 1 year. You cannot use EB-1C to open a new office - that ability is limited to L-1 status.
I have L-1A status. Does that guarantee EB-1C approval?
No. Prior L-1A approval does not automatically establish EB-1C eligibility. Each petition is separate and must be adjudicated on its own merits. However, the L-1A approval may be a relevant consideration in adjudicating the immigrant petition.
$1,500 for Principal Applicant, $850 for Each Dependent
USCIS Fee for I-485
$1,440 for Each Adult & $950 for Each Child under 14 years old
Fees are estimates and may change. Contact us for a quote for your specific case.
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