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Policy Update- On September 12, 2023 USCIS updated the manual to offer clarifying guidance on examples of evidence that may satisfy the relevant criteria for employment first-based preference applicants, as well as how USCIS officers evaluate the totality of the evidence for eligibility. See the complete details in this EB-1 policy update post.
Are you a seasoned executive with a passion for spearheading teams across borders? In our rapidly evolving global economy, the EB-1C Multinational Managers’ category offers ambitious professionals an opportunity to navigate the international terrain of success. 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.
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.
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.
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.
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.
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.
There are alternative options for foreign professionals who do not qualify based on the requirements of the EB-1C Multinational Executives and Managers Green Card. Some of the alternatives include the EB-1A Extraordinary Ability Green Card, which is designed for individuals who have demonstrated extraordinary abilities in fields such as science, arts, education, business, or athletics. Another option is the EB-1B Outstanding Professors and Researchers Green Card, which is suitable for researchers and professors who have international recognition in their respective academic fields. Additionally, the EB-2 National Interest Waiver (NIW) Green Card allows individuals to self-petition if they can demonstrate that their work is in the national interest of the United States. These alternative categories provide avenues for talented individuals to pursue permanent residency in the United States based on their unique skills, achievements, or contributions. The EB-2 Advanced Degree Professionals Green Card is suitable for individuals with advanced degrees or exceptional abilities in specific fields, who have a job offer from a U.S. employer. The EB-3 Skilled Workers and Professionals Green Card is intended for individuals with at least two years of experience or a bachelor’s degree in a specific occupation, with a U.S. employer sponsoring their application. The EB-4 Special Immigrant Visa category covers a range of individuals, including religious workers, broadcasters, certain Afghan or Iraqi nationals who have provided assistance to the U.S. government, and more. Additionally, the EB-5 Immigrant Investor Program offers a pathway to permanent residency for foreign investors who meet specific investment and job creation requirements. These alternatives provide diverse opportunities for employment-based immigration to the United States, catering to different skill sets, backgrounds, and circumstances.
What is the EB-1C Multinational Executives and Managers Green Card?
The EB-1C category is designed for multinational executives and managers who are being transferred from a foreign affiliate to work permanently in the United States.
Who is eligible for an EB-1C Green Card?
Eligibility is limited to foreign nationals who have been employed as executives or managers with a qualifying multinational company for at least one year within the past three years.
What is considered a qualifying multinational company?
A qualifying multinational company is one that has a subsidiary, affiliate, or branch office in the United States and operates in a continuous, systematic, and substantial manner.
Is there a specific requirement for the executive or managerial position?
Yes, the applicant must have been employed in an executive or managerial capacity in the multinational company.
What is the process for obtaining an EB-1C Green Card?
The process involves filing an immigrant petition with the U.S. Citizenship and Immigration Services (USCIS) and, upon approval, applying for an immigrant visa or adjustment of status.
Can I self-petition for an EB-1C Green Card?
No, self-petitioning is not allowed for EB-1C category. A sponsoring employer is required.
How long does it take to obtain an EB-1C Green Card?
Processing times vary, but generally, it takes several months to receive a decision on the immigrant petition and several more months for the subsequent visa or adjustment of status process.
Are there any numerical limitations on EB-1C Green Cards?
No, there are no annual numerical limits (visa caps) for EB-1C category. This means that visas are generally available throughout the year.
Can my family members accompany me on an EB-1C Green Card?
Yes, your spouse and unmarried children under the age of 21 may be eligible for derivative immigrant visas or adjustment of status.
Is a labor certification required for an EB-1C Green Card?
No, the labor certification process, which is required for most employment-based immigrant categories, is not necessary for EB-1C petitions.
Can I work for any employer after obtaining an EB-1C Green Card?
While the EB-1C Green Card is job-specific, it allows flexibility within the sponsoring multinational company’s organizational structure, allowing for promotions or lateral moves.
Can I travel outside the United States while my EB-1C application is pending?
Yes, you can travel, but it is recommended to consult with an immigration attorney and follow appropriate procedures to avoid potential complications.
Can I include my dependents in the EB-1C application?
Yes, you can include your spouse and unmarried children under the age of 21 in the application.
What evidence is required to demonstrate qualifying employment for EB-1C?
Evidence such as job descriptions, organizational charts, payroll records, tax documents, and other supporting documentation should be provided to establish the qualifying employment.
Can I apply for an EB-1C Green Card if I have previously worked for a different company?
Yes, as long as you have been employed in an executive or managerial capacity for the qualifying multinational company for at least one year within the past three years.
What is the role of the U.S. employer in the EB-1C process?
The U.S. employer serves as the petitioner and sponsor for the foreign executive or manager, submitting the necessary forms and supporting documentation to initiate the process.
Are there any educational requirements for EB-1C eligibility?
No, there are no specific educational requirements for EB-1C eligibility. However, relevant work experience is crucial to establish executive or managerial capacity.
Can I change employers after obtaining an EB-1C Green Card?
While the EB-1C Green Card is job-specific, under certain circumstances, you may change employers as long as the new job continues to meet the executive or managerial requirements.
Can I apply for an EB-1C Green Card while in the United States on a nonimmigrant visa?
Yes, it is possible to apply for an EB-1C Green Card while in the United States on a valid nonimmigrant visa, but specific conditions and requirements must be met.
Can I apply for premium processing for my EB-1C petition?
Yes, premium processing is available for EB-1C petitions, which generally provides faster processing times for an additional fee.
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.
VisaNation Law Group 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.
VisaNation Law Group 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.
