General Requirements for the EB-1C Classification

Petitioner Requirements – U.S. Employer’s Relationship to the Worker’s Foreign Employer

To qualify for the EB-1C visa type, beneficiaries must have been employed outside the United States for at least 1 year in the 3 years preceding the petition, or the most recent lawful nonimmigrant admission if they are already working for the U.S. petitioning employer. The U.S. petitioner must have been doing business for at least 1 year, have a qualifying relationship to the entity they worked for outside the U.S., and intend to employ them in a managerial or executive capacity.
More specifically, The EB-1C visa classification is available to foreign workers who:

• Are or were employed by qualifying organizations for at least one year in the three years before entering the US to work, and
• Are seeking to continue employment with a parent, branch, subsidiary, or affiliate of their overseas employer in an executive or managerial capacity.

In addition, the U.S. employer must be doing business in the U.S. for at least 1 year before it can sponsor a foreign worker as a multinational executive or manager.

Nature of Executive or Managerial Jobs

EB-1C jobs fall into only two categories: Executive or Manager. The employer must be sponsoring the foreign worker to work in an executive or managerial capacity. To qualify, the foreign worker must both:

• Be offered an executive or managerial job in the U.S., and
• Have experience with a qualifying organization in an executive or managerial job.

USCIS provides the following definitions of executives and managers:

• An executive is a person who oversees a company on a large scale. An executive must supervise a team of managers and make decisions without a supervisor of their own.
• A manager is someone who supervises a team of employees and controls their tasks, salaries, and employment (hiring and firing)

The Multinational Executive or Manager’s Required Experience

The foreign worker must have been employed by a qualifying entity abroad for at least one continuous year out of the three years preceding the worker’s entry to the US to begin working. Travel to the US during the qualifying period does not interrupt the continuity but may not be counted toward the one year of required qualifying experience. The employment abroad must have been as an executive or manager. The definitions are the same as those that apply to US jobs (described above).
Our attorneys are prepared to document the foreign worker’s executive or manager’s experience. We will draft all required documentation that is required to file the Immigrant Petition with the USCIS. Once the Immigrant Petition is filed, our attorneys will continue to counsel on processing times, keep the USCIS apprised of any material changes that may impact your process, and prepare any responses to requests for evidence that may be issued in connection with your matter.

Qualifying Relationship Between U.S. and Foreign Entities

To qualify for EB-1C classification, the U.S. petitioner and the foreign employer must have a qualifying corporate relationship, such as a parent, subsidiary, branch, or affiliate. This relationship must be documented through ownership records, corporate filings, and organizational documentation demonstrating common control.

USCIS closely reviews whether the qualifying relationship existed during the beneficiary’s overseas employment and continues to exist at the time of filing.

Managerial vs. Executive Capacity: Substantive Requirements

USCIS evaluates managerial and executive roles based on actual job duties, not job titles alone.

Executive Capacity

An executive role typically involves:

• Directing the management of the organization or a major component or function
  
• Establishing goals and policies
  
• Exercising wide latitude in discretionary decision-making
  
• Receiving only general supervision from higher-level executives or a board of directors

Managerial Capacity

A managerial role generally requires:

• Managing the organization, a department, subdivision, or essential function
  
• Supervising and controlling the work of other managerial, professional, or supervisory employees or managing an essential function at a senior level
  
• Exercising authority over personnel actions or function-level decisions
  
• Operating at a level above routine operational duties

USCIS places significant emphasis on whether the beneficiary is primarily engaged in managerial or executive functions, rather than day-to-day operational tasks.

Staffing Levels and Organizational Structure

USCIS considers the size and structure of the organization when evaluating EB-1C petitions. While there is no minimum employee requirement, the employer must demonstrate that it has sufficient personnel to support a managerial or executive role.

Key evidence often includes:

• Organizational charts (U.S. and foreign entities)
  
• Job descriptions for subordinate employees
  
• Payroll records and headcount documentation
  
• Evidence showing delegation of operational duties

Smaller companies may still qualify, but petitions must clearly explain how executive or managerial responsibilities are carried out within the organization’s structure.

One-Year Foreign Employment Requirement

The beneficiary must have worked abroad for a qualifying organization for at least one continuous year in the three years preceding:

• Entry to the United States, or
  
• The filing of the EB-1C petition if already working in the U.S. in a lawful nonimmigrant status

Brief trips to the United States during this period do not interrupt continuity but generally do not count toward the one-year requirement.

No Labor Certification Required

EB-1C petitions are exempt from the PERM labor certification process. However, the petition must still establish that the offered U.S. position is permanent and that the beneficiary will continue to serve in a qualifying executive or managerial capacity.

What This Means for an EB-1C Petition

EB-1C petitions are document-intensive and highly fact-specific. Successful cases require careful coordination between corporate records, organizational structure, and detailed job duty descriptions to demonstrate that both the employer and the beneficiary meet USCIS standards.

At EO Immigration, we work closely with corporate stakeholders to analyze eligibility, structure evidence strategically, and present a clear narrative that aligns with how EB-1C cases are adjudicated. We also counsel employers on organizational documentation, anticipated RFEs, and timing considerations throughout the process.

Planning for an EB-1C Executive Transfer

If your organization is planning to transfer or retain senior leadership in the United States, a targeted consultation can help assess EB-1C viability and outline appropriate next steps. Please complete form here, email info@eoimmigration.com, or call (305) 391-2105.