What is the EB1C Visa?

The EB1C visa, also known as the “Multinational Manager or Executive” visa, is designed for individuals who have been employed in a managerial or executive role by a multinational company and are being transferred to a related company in the United States. This visa category allows multinational companies to bring their experienced managers and executives to the U.S. to oversee operations, contribute to business growth, and utilize their skills in a new market. The EB1C visa is a part of the broader EB1 category, which also includes EB1A for individuals with extraordinary abilities and EB1B for outstanding professors and researchers.

EB1C Visa Requirements

To qualify for the EB1C visa, applicants must meet several criteria:

Employment History: The applicant must have been employed outside the U.S. in a managerial or executive role for at least one of the three years preceding the petition. This employment must have been with the same employer, an affiliate, or a subsidiary of the U.S. company where the applicant will be working.

Job Offer: The U.S. employer must provide a job offer for a managerial or executive position. The job must be permanent and full-time.

Employer Qualifications: The U.S. company must have been doing business for at least one year and must be a branch, subsidiary, affiliate, or parent of the foreign company.

Managerial or Executive Role: The applicant’s role in the U.S. must be managerial or executive in nature. This includes directing the management of the organization or a major component/function, managing the work of other supervisory/professional employees, or managing an essential function of the organization without direct supervision of others.

 Transitioning from an L1A visa to an EB1C visa can be a seamless way for multinational managers and executives to gain permanent residency in the U.S., capitalizing on their leadership skills and experience. 

The EB1C Visa Application Process

The application process for the EB1C visa involves several steps:

1.Initial Consultation and Eligibility Assessment: Determine whether the applicant meets the criteria for the EB1C visa by reviewing their employment history, job offer, and the nature of their managerial or executive role.

2.Gathering Evidence: Collect and organize documentation that demonstrates the applicant’s qualifications, including employment records, job descriptions, organizational charts, and evidence of the U.S. company’s relationship with the foreign employer.

3.Filing Form I-140: Submit Form I-140, Immigrant Petition for Alien Worker, along with the supporting evidence to USCIS.

4.USCIS Review: USCIS will review the petition and may request additional information or evidence through a Request for Evidence (RFE).

5.Approval and Adjustment of Status: If the I-140 petition is approved, the applicant can either apply for adjustment of status if they are in the U.S., or apply for an immigrant visa at a U.S. consulate if they are abroad. This step involves additional forms and interviews.

Rights and Obligations of an EB1C Visa Holder

As an EB1C visa holder, you gain several important rights and responsibilities:

  – Live and work permanently in the United States.

  – Apply for a Green Card for your spouse and unmarried children under 21.

  – Travel in and out of the U.S. without restrictions.

  – Continue working in a managerial or executive role within the company.

Obligations:

  – Maintain your status by continuing to work in a managerial or executive role.

  – Comply with U.S. laws and regulations, including tax obligations.

  – Update USCIS about any changes in your address or employment status.

Common Reasons for Denial of an EB1C Visa

EB1C visa applications can be denied for various reasons:

– Insufficient evidence of the managerial or executive role.

– Inadequate documentation or poorly organized petition.

– Failure to meet the employment history criteria.

– Inconsistent or unclear evidence of the company’s operations or the relationship between the foreign and U.S. companies.

 At EB1 Visa Services, we are committed to helping you leverage your managerial or executive experience to achieve your immigration goals, ensuring a smooth transition to life and work in the United States. 

Bringing Dependents to the USA on an EB1C Visa

EB1C visa holders have the privilege of bringing their immediate family members to the United States. This includes:

-Spouse: Your spouse can apply for a derivative visa, allowing them to live and work in the U.S.

-Children: Unmarried children under the age of 21 can also apply for a derivative visa, enabling them to live, study, and eventually work in the U.S.

EB1C Processing Time

The processing time for an EB1C visa can vary depending on the complexity of your case and the current workload at USCIS. On average, the process can take anywhere from 8 to 23 months, including the time needed to prepare and submit your petition, the USCIS review period, and any necessary adjustments of status or consular processing.

 How Do EB1 Visa Services Help You?

EB1 Visa Services, part of Bay Area Immigration Services (BAIS), is dedicated to helping you navigate the EB1C visa application process with ease. Our team of experienced professionals understands the intricacies of the immigration system and is here to support you every step of the way. From the initial consultation and eligibility assessment to gathering evidence and preparing your petition, we provide personalized guidance tailored to your unique situation. Our goal is to make the process as smooth and stress-free as possible, helping you achieve your dream of living and working in the United States.

 Our Process

1.Initial Consultation: We assess your eligibility and discuss your employment history, job offer, and the nature of your managerial or executive role.

2.Document Collection: We help you gather the necessary evidence and organize it effectively.

3.Petition Preparation: We prepare and file your Form I-140 petition with USCIS.

4.USCIS Communication: We handle any requests for additional information and keep you updated throughout the process.

5.Adjustment of Status or Consular Processing: We guide you through the final steps to obtain your Green Card.