Visa EB-1C: Multinational Executives and Managers
Of the U.S. employment-based, preferential visas available for foreign nationals, the EB-1C is specifically designed to expedite the transfer of executive and high level managerial staff employees to a company’s U.S. facilities and to permit those persons and their families to enter the United States as permanent residents. The specific purpose of the EB-1C visa is to promote international commerce by expediting the immigration of current high-level employees to the U.S. to enhance a company’s operations here. Unlike most visas, where individuals are the applicants, the company is the applicant for EB-1Cs.
The USCIS has established simple, but separate, eligibility guidelines for the applicant company and the employee. Since the company must already be operating internationally and in the U.S., it must be understood that the U.S. entity is the petitioner or applicant. The immigrant must have a position in which he or she manages an essential function of the business. This does not include mid-level managers or first-line supervisors.
Requirements for the applicant:
- The company must have been operating continuously within the U.S. for a minimum of one year prior to the application.
- The company must have a similarly continuously operating business in at least one other country.
- The company must be related to a qualifying entity outside of the U.S. wherein there is both common ownership and control. Qualifying entities include:
- Branch: a division of the company in a location distant from the main offices.
- Subsidiary: a separate company that is owned in part or in whole by another entity that controls its operations.
- Parent: a company that has subsidiaries.
- Affiliate: generally speaking, divisions or branches of a company that regularly conduct business with each other.
Requirements for the immigrant:
- The transferee must have been employed continuously by the related foreign entity at an executive level for a minimum of one year during the three years preceding the filing of the application.
- The transferee must be reasonably qualified to successfully perform the responsibilities to which he or she will be assigned. That position must include responsibility for policy making, corporate level decision making and oversight of other management level employees.
- The transferee should have exposure to and experience with dealing with U.S. businesses.
EB-1C Visa Process
The process itself for filing for an EB-1C is fairly simple. However, as one might expect, there is the usual abundance of documentation required to ensure timely facilitation of the process. Missing or incomplete documentation can grind the process to a halt.
- The U.S. employer submits an “I-140 Petition for Alien Worker” to the USCIS along with a letter verification of employment for the beneficiary immigrant.
- Once the I-140 has been approved, the beneficiary immigrant initiates the regular consular process for immigration. (If the beneficiary is already in the U.S. on a temporary status, he or she may simply file a completed “I-485 Adjustment of Status” form.)
As soon as an I-485 is approved, the beneficiary is granted permanent resident status and is sent a permanent resident card (green card) by mail. If the beneficiary completed the immigration visa procedure abroad, the card will be activated upon arrival in the US. The USCIS approval of the petition serves as confirmation of the beneficiary's status until they receive the offical card.
To obtain an EB-1C visa, the applicant needs to provide evidence of the following:
- Current qualifying relations between a commercial entity in the US and the foreign entity where the beneficiary is employed. This can be proved in different ways depending on the beneficiary's status.
- If the petitioning company is a big and reliable enterprise, it can submit a signed statement made by the president, an authorized person, a secretary, or any other representative with = information about the ' 'company's form of ownership and chain of command (both for the company itself and the foreign entity). This statement must be reinforced by other evidence, such as a copy of the ' 'company's latest financial report, reports for the US Securities and Exchange Commission, or any other documents that mention the parent company and its affiliated entities
- If the petitioner is a small business, 'it is required to provide such documents as stock ownership records, income statements or other accounting reports, income tax return, articles of associations, corporate bylaws and minutes of the board meetings. This is in addition to a signed statement made by an authorized representative that contains information about the company's form of ownership and chain of command (both for the company itself and the foreign entity)
- If the petitioning company is sending the beneficiary to open a new office in the US; they are required to provide documents verifying the form of ownership and economic feasibility of the new enterprise. The signed statement with the information about the form of ownership and chain of command has to be submitted with relevant evidence, such as company capitalization documents, the foreign company's financial sources documents, corporate charter, corporate bylaws, minutes of board meetings, company balance sheet, income statements, or other accounting reports or income tax report.
- Evidence of the foreign ' 'employee's previous employment outside the US at an executive or managerial position. Both of the qualifying requirements can be verified by the letter signed by the beneficiary's authorized representative where they describe the beneficiary's employment history abroad and their future employment in the US.
Advantages of EB-1C Visa
EB-1C immigration visas are one of the most efficient ways for a company to send qualified multinational executives and managers to work in the US. If all the immigration requirements are met, the beneficiary is entitled to a wide range of benefits and rights available under EB-1C visa.
- The EB-1 category allows multinational managers to move to the United States with their families. Family members can receive a work permit while staying in the US.
- The EB-1C category 'doesn't involve receiving a certificate from the US Labor Department. This means that the employer who sponsors the immigration petition 'doesn't have to provide a document to prove the shortage of qualified American employees, which significantly helps to expedite the immigration visa procedure. As a result, a foreign employee can obtain a green card much faster. A foreigner is also allowed to leave the United States without receiving prior permission to return to the country. They 'don't have to be concerned that their legal status in the US will be compromised.
- The chances of receiving an EB-1C petition are very high, especially if the beneficiary previously had an L-1A status.
Documentation for Multinational Executives and Managers
To apply for an EB-1C visa, you need a number of documents. The employer is obliged to submit an application proving the applicant meets all requirements for EB-1C visa,a detailed description of job responsibilities to be performed by the foreign employee on the US territory, and a variety of other documents.
Below you will find information on applying for an EB-1C visa.
US Employer's Documentation
- articles of incorporation or association;
- application for the Employer Identification Number (Form SS-4);
- stock certificates;
- lease of business location;
- bank statement or wire transfer that evidence initial investments;
- accounting reports certified by auditors (balance sheet, income statement, cast flow reports);
- corporate income tax return, Form 1120, if available;
- employer's quarterly report, Form 941, if available;
- business plan;
- commercial contracts, invoices, overheads, letters of credit, etc.;
- bank statements
- company letterhead (several copies);
- organization structure, human resources management strategy;
- pictures of the main office (outside and inside).
Foreign Employer's Documentation
- business license;
- articles of incorporation;
- income taxes for the past 3 years;
- accounting reports certified by auditors (balance sheet, income statement, cast flow reports);
- organization structure, the total number of employees, the multinational manager's position in the company;
- brochure with information about the company or its products;
- proof of business transactions (contracts, invoices, letters of credit);
- proof of business transactions (bank statements);
- letterhead of company business with the company's logo, name and contact information (several copies);
- pictures of the main office, factories, and buildings (if they are not found in the brochure).
- affirmation of the ' 'applicant's employment in the foreign company;
- board of directors resolution or other business documents verifying the employee's transfer;
- any other documents demonstrating the transferee's ability to conduct business in an executive or managerial position
Why do you need to contact ACS Law Offices?
Choosing the right path for your immigration to the US and completing the paperwork correctly can guarantee the approval of your petition for an EB-1C visa. ACS Law Offices attorneys are licensed in the United States and are very well-versed in the requirements of the US authorities responsible for visa approval decisions. Our attorneys are ready to draft a petition and assist you through all the stages of receiving an EB-1C visa.
Want to find out more about your chances to move to the US? Fill out the form on our website, and we will prepare a qualified recommendation on how you and your relatives can immigrate to the US.