1. What is the EB-1C visa category?

The EB-1C visa category is an employment-based permanent residency visa for foreign executives and managers of multinational companies. It allows foreign executives and managers of a qualifying company to move to the United States with their families to work in an executive or managerial capacity. The EB-1C visa is a popular choice for multinational companies looking to transfer executives and managers to their U.S. operations.

2. What are the eligibility requirements for the EB-1C visa category?

The eligibility requirements for the EB-1C visa category are as follows:

1. The foreign national must be a manager or executive, employed by a qualifying international company, with at least one year of experience in such capacity.

2. The foreign national must be coming to the United States to work in a managerial or executive capacity for a branch of the same employer, or one of its qualifying subsidiaries or affiliates.

3. The foreign national must already have been employed in a managerial or executive capacity outside the United States for at least one year in the three years immediately preceding his/her admission to the United States.

4. The foreign national must have the same qualifications and possess the same credentials as a U.S. worker would need to perform such duties.

3. What evidence is necessary to prove eligibility for the EB-1C category?

To prove eligibility for the EB-1C category, the petitioner must present evidence demonstrating:

1. That they are an Executive or Manager of a foreign company,
2. That they are being transferred to the U.S. to work for the same company, or an affiliate or subsidiary of that company, and
3. That the foreign company has been doing business for at least one year.

Additional evidence may include job descriptions, salary statements, organizational charts, tax returns, and other documentation that demonstrates the petitioner’s qualifications.

4. What is a qualifying organization for the EB-1C visa category?

A qualifying organization for an EB-1C visa is a company that operates in the United States and has been doing business for at least one year. The company must have three or more full-time employees and must meet the definition of a multinational enterprise, meaning that it conducts business activities in two or more countries. The company must also have an established U.S. branch, affiliate, or subsidiary that has been in operation for at least one year.

5. How long does the EB-1C visa status last?

The EB-1C visa status is valid for a period of up to two years and may be extended for an additional three years. After the initial two-year period, the visa status may be extended in increments of up to three years at a time, at the discretion of U.S. Citizenship and Immigration Services (USCIS).

6. What are some of the advantages of filing for an EB-1C visa?

Some of the advantages of filing for an EB-1C visa include:

1. Priority processing. The USCIS gives priority processing to EB-1C visas, making them faster to obtain than other types of visas.

2. Ability to remain in the United States for up to seven years.

3. No labor certification is required, so this visa is easier to obtain than other types of employment-based visas.

4. This visa is available for qualified individuals, spouses, and dependents.

5. It provides a path to permanent residency (green card).

6. There are no annual limits on the number of individuals who can obtain an EB-1C visa each year.

7. How many employees must a foreign business have to qualify for an EB-1C visa?

To qualify for an EB-1C visa, a foreign business must have at least three employees, in addition to the applicant.

8. Is it necessary to have a job offer from a U.S. employer to qualify for an EB-1C visa?

Yes, it is necessary to have an offer of employment from a U.S. employer in order to qualify for an EB-1C visa.

9. How do the labor certification process and the EB-1 Multinational Manager and Executive category compare?

The labor certification process requires an employer to demonstrate with evidence that there are no minimally qualified, available, and willing U.S. workers for the position. The employer must also prove that hiring a foreign worker will not negatively impact the wages and working conditions of similarly employed U.S. workers.

The EB-1 Multinational Manager and Executive category, on the other hand, does not require labor certification. This category is based on the foreign worker’s employment in a managerial or executive capacity for at least one year in the three years preceding the filing of the petition. Additionally, the foreign worker must be entering the United States to work in a managerial or executive capacity for an affiliate, branch, or subsidiary of the same employer that employed him or her abroad.

10. What is the difference between an EB-1A and an EB-1C visa application?

An EB-1A visa is for individuals of extraordinary ability in the sciences, arts, education, business, or athletics. This requires submission of evidence of sustained national or international acclaim and recognition in the field. An EB-1C visa is for individuals with an executive or managerial position in a multinational corporation. This requires submission of evidence of the relationship between the foreign employer and the U.S. entity, and evidence of the individual’s past employment abroad.

11. How long does it take to obtain an EB-1C visa?

The timeframe for obtaining an EB-1C visa can vary depending on the country of origin of the applicant and the processing time at the USCIS office. Generally, the process can take months or even years.

12. Are there any restrictions on where a beneficiary of an EB-1C visa can travel and work within the United States?

Yes, there are restrictions on where an EB-1C visa beneficiary can travel and work within the United States. The visa holder must remain in the U.S. for the purpose of managing a business they have invested in, meaning they cannot travel outside the country for extended periods of time or take on other employment. The visa holder may also only remain in certain areas of the U.S., such as their place of business or the area surrounding it, unless authorized by USCIS to travel elsewhere.

13. Can an employee of a U.S. employer qualify for an EB-1C visa if their job duties are not covered by the Labor Certification Program (LCP)?

No, the employee must have a job offer from a U.S. employer that is covered by the Labor Certification Program (LCP) in order to qualify for an EB-1C visa.

14. Is it possible to obtain a green card through the EB-1C category?

Yes, it is possible to obtain a green card through the EB-1C category. The EB-1C category is for multinational managers and executives who are sponsored by their U.S. employer for lawful permanent residence.

15. Are permanent residency through the EB-1C category available to spouses and dependents?

No, the EB-1C category is only available to foreign executives and managers of multinational organizations transferring to the United States. Spouses and dependents are not eligible to apply for permanent residency through this category.

16. How many individuals may be included in a single application for an EB-1C visa?

For an EB-1C visa, up to five individuals may be included in a single application.

17. When filing for multiple individuals under the EB-1C visa, can all applicants be included in one application or do multiple petitions need to be filed?

Multiple applications are required. Each applicant must have their own separate petition.

18. If I am a foreign national employee of a foreign company, can I qualify for an EB-1C visa if I wish to transfer to a U.S.-based branch or affiliate of my company?

Yes, in certain circumstances, you may qualify for an EB-1C visa if you are a foreign national employee of a foreign company who wishes to transfer to a U.S.-based branch or affiliate of the same company. To qualify, you must have been employed by the foreign company for at least one year within the three years preceding the filing of the petition and you must be entering the U.S. to continue your employment with the same company or organization in a managerial or executive capacity. Additionally, the U.S. branch of the company must show that it has been doing business for at least one year.

19. Are there any outplacement services available for foreign employees who wish to transfer to work in the US under an EB-1 Multinational Manager and Executive category visa?

Yes, outplacement services are available for foreign employees who wish to transfer to work in the US under an EB-1 Multinational Manager and Executive category visa. Companies such as Upwardly Global, OkToBoard, and New American Workforce can provide assistance in finding employment opportunities that match the visa requirements. Outplacement services also offer assistance with resumes, job search strategies, and interview preparation.

20. Are there any additional restrictions or requirements on transferred employees while working in the US under an EB-1 Multinational Manager and Executive category visa?

Yes. Additional restrictions and requirements may include:

1. The employee must maintain the same position with the same employer as when the employee was abroad.

2. The employee must have at least one year of experience with the foreign employer prior to transferring to the US.

3. The employee must be employed by a US company that is a branch, subsidiary, or affiliate of the same employer as when the employee worked abroad.

4. The employee must be able to show that his or her employment will benefit the US economy by being in a managerial or executive position and providing job opportunities for qualified US workers.

5. The employee must have been employed abroad for at least one year out of the three years preceding the filing for the visa.