The EB-1C petition for multinational managers and executives allows multinational companies to transfer their managers or executives to the U.S. as permanent residents.
What kind of employer can petition for the EB-1C visa?
- The petitioning company must be a U.S. employer.
- The petitioning company must have been doing business in the U.S. for at least 1 year prior to filing.
- The petitioning company must have a qualifying relationship with a foreign company, as a parent company, branch, subsidiary, or affiliate.
Who qualifies as a multinational manager or executive transferee?
Prospective beneficiaries of an EB-1C visa must meet the following requirements:
- You must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a qualifying foreign entity.
- Your employment must have been outside the United States in a managerial or executive capacity.
- You must seek to continue rendering services to the same employer, or its subsidiary or affiliate, in a managerial or executive capacity
What is the process to apply for an EB-1C visa?
The immigrant petition (Form I-140) should be filed with USCIS. If the manager/executive is already in the United States in a valid nonimmigrant status (such as L-1A), Form I-485 may be concurrently filed with USCIS subject to visa availability. If the manager/executive is abroad, s/he must wait for Form I-140 to be approved before consular processing.
Premium processing is not currently available for the EB-1-C category.
Is a job offer required for EB-1C?
A job offer is required for EB-1C applications.
Is a labor certification required before filing the I-140?
Labor certification is not required before filing the I-140.