The EB-1C visa is a special immigrant visa category that provides direct access to a Green Card (permanent residence) for international executives who wish to live and work permanently in the United States. If you are a senior executive or manager of a multinational company, you can obtain a Green Card directly by transferring to U.S. operations.
This article will answer questions such as: What is an EB-1C visa? Who can apply for an EB-1C visa? What are the EB-1C requirements? How does the EB-1C visa process work?
What is EB-1C?
The EB-1C visa is a subcategory of the “Employment-Based First Preference” immigrant visa category. This category includes:
- Individuals with extraordinary ability (EB-1A)
- Outstanding professors and researchers (EB-1B)
- Multinational company managers and executives (EB-1C)
The primary purpose of EB-1C is to permanently transfer international-level executives of global companies to the United States. This visa provides a direct path to a Green Card for individuals in managerial positions who wish to transfer to a U.S. branch or affiliated company.
In summary: The EB-1C visa is an immigrant visa designed for international executives that grants permanent residence and work rights in the United States.
Who Qualifies for an EB-1C Visa?
To apply for EB-1C, both the applicant and the sponsoring company must meet specific criteria.
1. Applicant’s Experience Requirements
- The applicant must have worked in a managerial or executive position for at least 1 year within the last 3 years at a foreign affiliate of the related U.S. company
- Must have worked for the foreign entity of the U.S. company
- This foreign company must be a parent company, subsidiary, branch, or affiliate of the U.S. sponsor firm
- If the applicant is currently in the U.S. on an L-1A visa, they must have satisfied this condition within the 3 years prior to their last legal entry
Qualifying Positions
Positions eligible for the EB-1C visa category include individuals with significant responsibility and authority at the management or executive level within the company.
- Managerial positions are those who manage specific departments or teams, have direct supervisory authority over personnel, and make strategic decisions regarding business processes. Examples include regional director, operations manager, or department manager.
- Executive positions are senior-level managers who determine the company’s overall policies, objectives, and strategic direction, managing the entire organization or a significant portion of it. This group includes positions such as CEO, CFO, general manager, and executive director.
Both position types must have direct decision-making authority, personnel management responsibility, and influence at a level that shapes the company’s overall operations to be considered a “manager” or “executive” under EB-1C.
2. U.S. Company Requirements for EB-1C Visa
- The company must have been in operation for at least 1 year
- There must be a qualifying relationship with the foreign company
- The company must offer the applicant an appropriate managerial or executive position and demonstrate the capacity to pay salary (with financial statements, tax returns, and similar documentation)
EB-1C Requirements Summary
One of the most significant advantages of the EB-1C visa is that, unlike other employment-based visas, it does not require the PERM (labor certification) process. This makes the process both shorter and more predictable.
Basic EB-1C Requirements
- International company connection (qualifying relationship between foreign and U.S. company)
- At least 1 year of managerial or executive experience
- Permanent position offer in the U.S.
- Proof of the company’s financial capability
Required Documents for EB-1C Visa
The EB-1C application file must be comprehensively prepared. Documents provided by both the applicant and the sponsoring company must clearly demonstrate the relationship between companies, the applicant’s managerial or executive qualifications, and the position’s suitability.
Documents Proving Company Relationship
Company records, documents showing share structure, partnership or subsidiary agreements, and organizational charts. These documents establish the qualifying relationship between the U.S. company and the foreign company.
Documents Proving Experience
Employment contracts, pay stubs, lists of managed personnel, performance evaluations, and documents containing job descriptions. These demonstrate that the applicant has worked as a manager or executive.
Documents Supporting the U.S. Position
Job offer letter, position description, salary details, and company correspondence explaining the scope of duties. These documents show that the applicant will work in a similar managerial/executive position in the U.S.
Documents Showing Company’s Financial Capacity
Tax returns, balance sheets, annual reports, and financial statements prove that the company can pay an appropriate salary to the applicant and maintain its operations.
Supporting Documents
Reference letters, strategic plan examples, documents explaining organizational structure, and documentation showing managerial responsibilities.
EB-1C Application Process
- I-140 Application: The U.S. company files Form I-140 (Petition for Alien Worker) with USCIS
- Fee: $715 USD
- Premium Processing (45-day result): Additional $2,805 USD
- USCIS Approval: Standard processing time is typically 6-12 months
- Green Card Stage:
- If in the U.S.: Status adjustment via Form I-485 (Adjustment of Status)
- If outside the U.S.: Proceed through consular processing (DS-260)
- Family Inclusion: Your spouse and children under 21 can be included in the process
- Result: Upon approval, permanent residence permit (Green Card) is obtained
Advantages of EB-1C Visa
- Permanent residence permit: Direct Green Card holder status
- Fast process: No PERM required, premium processing option available
- Family rights: Spouse can work, children can attend school
- Path to citizenship: After 5 years, right to apply for U.S. citizenship
Conclusion: Start a New Chapter in the U.S. with EB-1C
The EB-1C visa is one of the most prestigious pathways for international executives to permanent life and career opportunities in the U.S. If you meet the criteria, a well-prepared application with proper documentation can lead you directly to a Green Card.
If you have questions about the EB-1C application, Onal Gallant Law Firm is always here to help. Feel free to contact us.