Multinational executives and managers is a category within the Employment-Based (EB-1) Visa. The Employment Based immigrant preference category was specifically created for multinational executives and managers, interested in starting businesses in the United States.
This visa category also allows overseas companies to expand their business to the United States by permitting the overseas company to transfer executives and managers with direct knowledge of the company’s operations to the United States to assist with the start-up. In order to qualify as an Executive or Manager, certain requirements must be met.
This is the perfect green card for L-1A managers and executives that are in the U.S. under nonimmigrant status due to the fact that many of the EB-1C requirements are similar to that of the L-1A.
EMPLOYER REQUIREMENT: EB-1C MULTINATIONAL EXECUTIVES/MANAGERS
- The employing company must have a qualifying relationship with a foreign company (parent, subsidiary, affiliate, etc.)
- The employing company must conduct business in the United States and in one other country. The business may be done directly or through a subsidiary.
- The company must exist for at least one year in the United States.
EMPLOYEE REQUIREMENTS: EB-1C MULTINATIONAL EXECUTIVES/MANAGERS
- The manager or executive must have been employed outside the United States with the related foreign company for 1 year in the preceding 3 years. The employment must have been in a managerial or executive capacity.
- The selected U.S. employer is required to have been doing business for at least one year.
- Provide evidence that he/she is of managerial or executive capacity.
- Managers must:
- Manage a function or a department of the organization.
- Supervise the work of others as well as hire and fire subordinates.
- Be able to control the daily activities and salaries of employees
- Executives must:
- Be able to direct managers in your organization
- Make far-reaching decisions without substantial supervision
- Establish large-scale goals and policies
- Managers must:
Documentation: EB-1C Multinational Executives and Managers
Each petition for an EB-1C must be submitted with the right evidence in order to prove that you qualify. Work with your immigration attorney to determine which pieces of evidence are best to submit for your particular case.
- Evidence of permanent job offer from U.S. employer.
- Ability to conduct business in an executive or managerial capacity.
- Confirmation documentation to verify the transfer
- Affirmation of applicant’s managerial or executive position.
- Business License
- Incorporation documents
- Business plan
- Organization charts
- Employer’s Quarterly Report (Form 941)
- Corporate Income Tax Return (Form 1120)
- Accounting Reports (Audited Balance Sheet, Income Statement, Cast Flow)
- Description and letterhead of company business
- Pictures of main office, factories, and buildings (Outside and inside)
- Bank Statements
- Organization Structure
- Proof of business transactions
- Articles of incorporation
- Income taxes for the past 3 years
- Lease of business location
- Stock certificates
EB-1C Green Card Process
The first step to getting your EB-1C is to have your employer file an I-140 immigrant petition for alien worker with the USCIS. When that petition is approved, you will be able to file an I-485 application to register permanent resident or adjust status. Upon approval of the I-485, your status will automatically switch to legal permanent resident status under the EB-1C green card.
If you are outside the U.S. when you apply, then you will need to go through consular processing. This involves making an appointment with the U.S. consulate or embassy in your home country and traveling there for a one-on-one interview with a consular officer.
You will need to complete the DS-260 online immigrant visa application and bring the printed confirmation page to your interview. Depending on your age, you may or may not be required to have your biometrics taken. Speak with your immigration attorney to learn if this requirement applies to you.
If the officer clears you, then you will be able to travel to the U.S. under legal permanent resident status. After a brief background check, the officer at the U.S. port of entry (border, seaport, or airport) will stamp your passport for entry. Your EB-1C green card will be mailed to you shortly.
EB-1C Multinational Manager and Executives Processing Time
The processing time for multinational managers and executives has a great deal to do with the service center’s caseload at the time. Estimates can be found by contacting the service center directly.
On the whole, the I-140 takes an average of 6 months to process, but as previously stated, it depends on the service center’s caseload. The I-485 also takes an average of 6 months to be processed. So if you are already in the U.S., then you may be able to expect an EB-1C processing time of one year.
However, if you are not currently in the U.S., the processing time could take longer depending on the U.S. consulate or embassy that hosts your interview.
Benefits of EB-1C Multinational Manager or Executive
There are a number of advantages of selecting the multinational manager and executive category over other green card options. One advantage is that it does not require a PERM Labor Certification. Bypassing the labor certification process expedites the entire process typically allowing you to get work/travel authorization in a more timely manner.
Another advantage to the EB-1C green card is that all priority dates are current. This means that as soon as your I-140 is approved by the USCIS, a visa number will be available for you to submit your I-485. This is in contrast to some EB2 and EB3 categories that have a waiting time of up to several years.
How Much Will it Cost?
The EB-1C green card has a few mandatory fees as well as some auxiliary costs. Keep in mind which fees are your responsibility and which are the responsibility of your employer.
- I-140 basic filing fee: $700. This fee is your employer’s responsibility.
- I-485 filing fee: $750-$1,140. This fee can be paid by either you or your employer and varies depending on your age.
- Biometrics Services Fee (if applicable): $85. You will be responsible for this fee.
- DS-260 fee (if applicable): $230. This fee is your responsibility
- Affidavit of Support fee: $88. This is your responsibility
- Premium processing fee: $1,225. This fee can be paid either by you or your employer and will shorten your I-140 processing time from six months to 15 calendar days.
- Attorney fee: These may vary widely. We offer a flat fee for our services. See our fees here.
How Our Immigration Lawyers Can Help:
With something as big as an EB-1C green card, you don’t want to leave anything to chance. Putting your case in the hands of a qualified immigration attorney can help ensure that you are on the fast track to approval and success on your immigration journey.
Our EB-1C Multinational Executive Lawyers can assist by reviewing your documentation and assisting both employers and employees in determining if each qualifies for the EB-1 Multinational Executives and Managers Visa.
Our EB-1 multinational manager or executive lawyers will advise you on and thoroughly examine the supplementary documentation required for your application to give you the best chance at acquiring the EB-1 green card.
If you are interested in getting an EB-1C green card, you can contact one of our expert attorneys by filling out this simple contact form and telling us a little bit about your case. Once we receive the form, we’ll contact you for your consultation!