EB-1C allows multinational corporations to transfer their overseas executives or managers to a U.S. affiliate to obtain a green card in one step (including spouse and unmarried children under the age of 21). The U.S. affiliate must have been in continuous operation for at least one year and is not required to apply for Labor Certification, making it a highly effective option for executive immigration.

[___Content overview]

1. What is EB-1C?
2. Unique Advantages of EB-1C
3. The 5 Core Requirements of the EB-1C
4. List of application materials
5. Explanation of the whole process of EB-1C application
6. Frequently Asked Questions

I. What is EB-1C?

EB-1C is an immigrant visa category designed for executives/managers of multinational corporations, and is the third subclass of the EB-1 Preferred Employment Immigrant (the other two are EB-1A Outstanding Individuals and EB-1B Outstanding Professors).

Core features:

• Immigrant Visa: Direct Green Card, Non-Temporary Work Visa
• Employer sponsorship: application must be submitted by a U.S. affiliated company (cannot apply on your own)
• Labor Certification Exemption: Eliminate the certification process for hiring U.S. employees
• Applicable to: Transnational transferees who have worked as an executive/manager in an overseas company for at least 1 year in the past 3 years

Differences with L1A visas:

Same point:All require executive/manager positions and company affiliation.

Points of difference:

• L1A is a nonimmigrant visa, EB-1C is a direct green card.
• Stricter EB-1C Audit Requires U.S. Company to Operate for 1 Year

II. Three Major Advantages of EB-1C

1. Direct access to green cards

• Upon approval, the entire family (spouse and children under 21 years of age) will be granted permanent residency at the same time.
• Freedom to enter and leave the U.S., no work restrictions, public education for children

2. Exemption from labor certification (PERM)

• Regular career immigrants (e.g., EB2/EB3) take 6-12 months to prove "inability to recruit U.S. workers."
• EB-1C skips this step and dramatically shortens the filing period

3. No education, language or age restrictions

• Only need to prove the authenticity of the executive/manager position, no mandatory educational requirements
• Salary needs to be reasonably commensurate with the position, but there is no specific dollar threshold

III. The 5 Core Requirements of the EB-1C

1. Qualifying TNC affiliations

A U.S. corporation and a foreign corporation are required to meet any of the following forms of affiliation:

parent and subsidiary (companies)::

• One party holds more than 50% and controls the other party, or
• 50% reciprocal joint venture with veto power, or
• Owns less than 50% but actually controls operations

arm: The U.S. company must be a separate legal entity (as opposed to a branch of an overseas entity for L1A).

Affiliates:

• a sister company controlled by the same parent company, or
• Companies held by the same shareholders in the same proportion

*Note:

• Relationship must exist at the time of application
• A U.S. corporation cannot be a sole proprietorship or an offshore company

2. 1 year of overseas executive/managerial experience

At least 1 year of full-time employment (continuous and uninterrupted) in an overseas affiliated company within the last 3 years

If you are already working for a U.S. company, you will need to prove 1 year of overseas experience prior to transfer.

3. The position must be that of an executive or manager

Executive (Executive Capacity) Definition:

• Setting corporate/departmental strategic goals and policies
• Broad decision-making power
• General supervision by the board of directors or shareholders only

Managerial (Managerial Capacity) Definition:

• People management type:
  • Direct management of professional/managerial level employees (non-floor level employees)
  • Authority to appoint and remove personnel
  • Ownership of the day-to-day operations of the department

 

• Functionally managed:
  • Responsible for core company departments or functions (e.g. Finance, R&D)
  • Senior management in the organizational structure

Common reasons for visa refusal:

• Responsibilities are skewed towards day-to-day operations rather than strategic management
• Companies too small to prove authenticity of executive functions

4. Full-time executive/manager offers from United States companies

• Positions must be in the same category as the original overseas position (executive to executive, manager to manager)
• Written employment contract required (verbal offers are not valid)

5. U.S. company in continuous operation for more than 1 year

• Evidence of the company's "continuous, systematic and stable" provision of goods/services is required
• Freshly formed U.S. companies do not qualify

IV. List of application materials

Proof of Company Affiliation:

• Articles of incorporation and shareholding structure documents of both parties
• Proof of parent company holding (e.g., annual report, shareholders' agreement)
• Tax records of both parties

Proof of Position:

• Certificate of employment from overseas company (with specific job description)
• Letter of employment from the U.S. company (indicating position, salary, and authority)
• Organizational charts of the parties (indicating the position of the applicant)

Proof of company operation:

• U.S. Company Business License, Office Lease Agreement
• Tax forms for the last 1 year, employee W-2 forms
• Business communication materials, client contracts

Personal materials:

• Photocopies of passports
• Resume (highlighting management experience)

V. The Complete EB-1C Petition Process

Step 1: Evaluate qualifications and prepare materials

• Immigration attorney reviews company affiliation and applicant qualifications
• Collection of the above materials (notarized in English and Chinese)

Step 2: Filing the I-140 Immigrant Petition

• U.S. companies file Immigrant Petition for Alien Worker with USCIS as applicants.
• Processing time: regular 6-12 months, expedited 15 days

Step 3: Adjustment of status or consular processing

• Adjustment of Status in the U.S. (I-485): for persons lawfully present in the U.S. (e.g., L1A visa holders)
• Overseas Consular Processing (DS-260): Interview required at embassy or consulate

India and other scheduling countries take note:

• Current EB-1C No Exclusion Period for Mainland China Applicants
• Indian applicants have to wait for 2-4 years (based on visa bulletin board priority date)

VI. Frequently asked questions

Q: What is the difference between EB-1C and EB-1A/EB-1B?

EB-1A: for top talent in science, arts, business, etc. (no employer sponsorship required)

EB-1B: for distinguished professors/researchers (to be employed by U.S. universities/research institutes)

EB-1C: Executives/Managers of Multinational Corporations Only (Employer Sponsorship Required)

Q: Can a small company apply for EB-1C?

Yes, but with special care:

• The company needs to have a clear hierarchical structure
• Applicant responsibilities must focus on strategic management rather than executive work

Q: Is there a minimum requirement for salary?

No explicit rules, but need to be in line with the market level of executive positions, too low salaries are prone to be questioned