eb 1c

The EB-1C category was created specifically for Multinational Managers and Executives who meet L-1A nonimmigrant standards and are interested in becoming lawful permanent residents. The principal distinction between the two categories is that the L-1 category is temporary (but does allow dual intent) and has a limit on the foreign nationals duration of stay in the U.S., while the EB-1C immigrant visa provides the applicant with the ability to permanently live and work in the U.S.

A. The petitioning employer must be a viable U.S. company, and the foreign national applicant must have been employed by an affiliated entity abroad for at least one year. If the applicant is outside the United States, in the three years immediately preceding the filing of the green card petition, the applicant must have been employed for at least one year in a managerial or executive capacity by a qualifying entity abroad. If the applicant is already in the United States working for the petitioning entity, the applicant must have been employed by a qualifying entity abroad for at least one full year in a managerial or executive capacity in the three years preceding the applicant’s entry as a nonimmigrant. In relationship to the U.S. petitioner, the foreign company may be the parent, subsidiary, branch office, or affiliate.

Although having L-1A status is not a prerequisite for an EB-1C approval, a foreign national may have a stronger case if he or she has been approved L-1A status with the petitioner.

B. The petitioner must show that the applicant’s high-level managerial or executive duties both abroad and in the United States involve critical decision-making, supervising, and other job duties that are essential to the livelihood of the business. To establish the executive or managerial nature of the applicant’s positions both abroad and in the U.S., it is advisable to provide a breakdown in the percentage of time spent on job duties. Organizational charts are also helpful evidence to include.

Executive capacity means an assignment within an organization in which the employee primarily:

      1. Directs the management of the organization or a major component or function of the organization;
      2. Establishes the goals and policies of the organization, component, or function;
      3. Exercises wide latitude in discretionary decision-making; and
      4. Receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization.

Managerial capacity means an assignment within an organization in which the employee primarily:

      1. Manages the organization, or a department, subdivision, function, or component of the organization;
      2. Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization;
      3. If another employee or other employees are directly supervised, has the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization), or, if no other employee is directly supervised, functions at a senior level within the organizational hierarchy or with respect to the function managed; and
      4. Exercises direction over the day-to-day operations of the activity or function for which the employee has authority.

While USCIS considers the number of professional employees the beneficiary supervises, the applicant’s role and function within the organization will also be considered. An employee who does not manage direct or indirect reports, but who oversees an essential component of the company’s day-to-day business operations may be considered a function manager. Here, the petitioner must show that the manager operates at a senior level within the company and has high-level responsibilities over an essential function or activity of the business.

Procedurally, an employer must file Form I-140, Petition for Immigrant Worker on behalf of the EB-1C applicant with extensive evidence supporting the applicant’s managerial duties and qualifying employment. Additionally, premium processing IS available for this type of green card, which is great news for applicants. A decision will be rendered by USCIS within 15 business days.

Upon approval, USCIS will adjudicate the applicant’s Form I-485 Application for Adjustment of Status for employees who are currently in the United States. Alternatively, the National Visa Center will review documentation for Visa Processing for applicants who are outside the United States and need to attend a visa interview at a Consulate or Embassy abroad.

The EB-1C: Longevity in the United States

The EB-1C green card petition offers an excellent pathway for multinational companies to permanently transfer their key employees to the United States. At Berardi Immigration Law, we’ve successfully handled hundreds of these cases, guiding our clients through the process with expertise and care. Our clients particularly appreciate the seamless journey from entering the U.S. as an L-1 nonimmigrant to obtaining an EB-1C green card, and ultimately, naturalizing as a United States citizen. This strategic approach not only ensures a smooth transition for valuable employees but also provides a long-term solution for companies looking to establish a strong presence in the American market. With our extensive experience and proven track record, we’re committed to helping your organization leverage the EB-1C program to its fullest potential.