EB-1C Multinational Managers or Executives

EB-1C Visa Classification

Multinational Managers or Executives

Petitions for multinational executives and managers are the third of three categories under theemployment-based 1st preference classification (EB-1), commonly referred to as priority workers. Our attorneys assist employers sponsor foreign nationals from a related entity abroad for a green card to work permanently in the U.S. as an Executive or Manager. We provide counsel about how a foreign worker may qualify for the EB-1C multinational executive or manager category, the petition process, and how theforeign worker acquires LPR statusin this category.

The EB-1C category has narrow applicability, yet, it is frequently used, especially by employers, which sponsor workers first for theL-1A nonimmigrant visa classification. From an efficiency in practice standpoint, the advantage of the EB-1C classification is that a time-intensive PERM labor certification is not required.

The green card process for multinational executives or managers requires two steps:

• First, the employer files an immigrant visa petition to sponsor the foreign worker for LPR status in the EB-1C classification.
• Second, the foreign worker must file an application to acquire LPR status, either by filing an Adjustment of Status (AOS) application directly with the USCIS (if the foreign national is in the U.S.) or by applying for an immigrant visa at a U.S. consulate or embassy (if the foreign national is abroad).

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.

Our Process for Filing EB-1C Multinational Executive or Manager Immigrant Petitions

Our step-by-step process for filing this case type is as follows:

1. Send us your most up-to-date resume to review.
2. Schedule a consultation.
3. We will counsel you about your qualifications as an executive or manager, ensuring you have a full understanding about how you satisfy the regulatory requirements to qualify for the visa.
4. We will work with your sponsoring employer to prepare all necessary documentation, including the job offer and company support letter that carefully describes your duties and responsibilities associated with the proposed executive or managerial position.
5. We will examine all pertinent financial documents to prove that your employer can pay you starting from the priority date, or the date when the EB-1C petition is filed.
6. Our attorneys will prepare an EB-1C Final Brief, which holistically presents you as a Multinational Executive or Manager who will fill a qualifying position in the United States.
7. File the EB-1C Petition with USCIS.
8. Await case adjudication
9. Prepare and file an application to Adjust Status to lawful permanent resident or prepare and file an application to consular process at a U.S. consulate or embassy abroad.
10. One-on-one meeting to prepare you for the Final Interview before the Green Card is granted.