EB-1 C

EB-1C is an employment-based green card category for multinational managers and executives to transfer to a U.S. branch, subsidiary, or affiliate of their foreign company, requiring the qualifying company to have operated in the U.S. for at least one year and have a qualifying relationship with a foreign company. The employee must have worked for the company abroad for at least one year in the past three years in a managerial or executive capacity.

Key Requirements

For the Company:

  • A qualifying relationship with the foreign company, such as a parent company, subsidiary, branch, or affiliate.
  • The company must have been operating in the U.S. and in at least one other country.
  • The company must have been conducting business in the U.S. for at least one year prior to filing the petition.

For the Employee:

  • Must have been employed by the qualifying company abroad for at least one year within the past three years.
  • The prior employment must have been in a managerial or executive capacity.
  • Must be seeking to continue in a managerial or executive capacity for the U.S. entity.
  • “Managerial capacity” involves supervising other managerial or professional employees, managing an essential function, and having the authority to hire and fire.

The Application Process

1. Employer Files Petition:
The sponsoring employer files Form I-140, the “Immigrant Petition for Alien Worker”.
2. Visa Availability:
The U.S. has annual caps for EB-1 visas; however, EB-1C visas are a significant portion of the total and often have relatively smoother processing times.
3. Green Card Application:
For Applicants Abroad: After the I-140 is approved, the applicant will go through consular processing to apply for the immigrant visa.

For Applicants in the U.S.: Eligible non-immigrant visa holders can “adjust their status” to a green card by filing Form I-485, Application to Register Permanent Residence or Adjust Status, to apply for a green card without leaving the U.S.

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