Our firm regularly prepares and submits EB-1(c) immigrant visa petitions for well-qualified multinational executives and managers. Because USCIS does not automatically approve these petitions, careful preparation of all supporting evidence is extremely important.
A world-famous or internationally recognized applicant may have strong credentials, but most EB-1(c) petitioners still need the guidance of experienced immigration lawyers. A properly prepared petition should clearly explain the applicant’s executive or managerial role, the company relationship, and the legal basis for eligibility.
An EB-1(c) immigrant visa allows a qualified applicant to permanently live and work in the United States. This is also known as an employment-based immigrant visa or employment-based green card category.
The government classifies the EB-1(c) visa as part of the first preference employment-based immigrant visa category.
There is no labor certification required of the sponsoring employer.
If you are a qualifying multinational executive or manager, you may be eligible for the EB-1(c) immigrant visa. This category is designed for certain executives and managers who have worked abroad for a related company and will continue working in an executive or managerial role for a qualifying U.S. employer.
The U.S. government makes approximately 140,000 employment-based immigrant visas available each fiscal year across employment-based preference categories.
Yes. To obtain an EB-1(c) visa, you must have a qualifying offer of employment in the United States from a U.S. employer.
However, the sponsoring employer is not required to complete the labor certification process. This can make the EB-1(c) category an important option for qualified multinational executives and managers, but the petition must still be supported with strong and well-organized documentation.
Your petitioning employer must be located in the United States. The offered position must be either a managerial or executive role.
You must also show that the U.S. employer has been doing business for at least one year as a legal entity. In addition, the U.S. employer must have a qualifying relationship with the foreign company where you worked abroad as a manager or executive.
This qualifying relationship may include a parent company, subsidiary, affiliate, or branch relationship. The petition should clearly explain the business structure, the applicant’s job duties, the company’s operations, and the reason the position qualifies under EB-1(c) requirements.
To apply for an EB-1(c) immigrant visa, your U.S. employer must file Form I-140, Petition for Alien Worker, along with supporting documentation.
The petition must show that both the employer and the employee meet the EB-1(c) requirements. Your employer must also prove a continuing ability to pay the offered wage.
Supporting documentation may include company records, organizational charts, job descriptions, payroll records, tax documents, financial records, proof of the qualifying business relationship, and evidence of the applicant’s executive or managerial duties.
If you obtain an EB-1(c) immigrant visa, your spouse and unmarried children under the age of 21 may also be eligible to apply for admission to the United States.
Eligible family members may apply under the appropriate dependent immigrant visa categories, such as E-14 or E-15, depending on the case.
Contact us today for a free, confidential consultation. We are here to help you navigate the U.S. immigration system.