The EB-1C visa is a great choice for high-level professionals wishing to relocate to the United States. It provides a simple application process and is intended for managers and executives with global experience.
With priority processing and no labor certification requirements, the EB-1C offers a quick and easy route to a Green Card. In this comprehensive guide, we cover all you need to know about the EB-1C, including the requirements, necessary paperwork, processing times, and also the related expenses.
What is the EB-1C?
The EB-1C is a US visa category designed for multinational managers and executives. It’s part of the Employment-Based First Preference (EB-1) visa program, which is known for its focus on high-priority immigrants. If you’re a manager or executive working for a company with international operations, this visa could be a fast-track route to a US Green Card.
To qualify for the EB-1C, you need to have worked in a managerial or executive role outside the US for at least a year in the past three years (or before your transfer if you’re sponsored by the company on another visa).
Your company must also have a branch or affiliate in the United States. EB-1C does not require the labor certification process, which can save you time and hassle compared to other routes.
Eligibility for an EB-1C Visa
- Employment requirement: Have been employed outside the United States for one or more of the three years before applying for the visa or before their last entry into the country
- Position: You must be employed in a senior-level position. This is defined as having the authority to hire and fire or supervise and control the work of other mid-level managerial employees.
- Employer: The US employer must be a firm, corporation, or other legal entity or an affiliate or subsidiary thereof and must have been in business for at least one year. However, freelancing or consultancy work on a zero-hours basis would not qualify.
Note that there are no restrictions on the type of business or role so long as it meets the above three criteria.
To prove you meet EB-1C requirements, you’ll need to provide evidence like:
- Company Structure: Evidence showing the relationship between your current employer and the US company, such as corporate structures or ownership documents.
- Job Offer Letter: A detailed job offer from the US company outlining your role and responsibilities.
- Evidence of International Experience: Documentation of your international employment experience, such as pay stubs, employment contracts, and letters of reference from previous employers that verify your role and tenure in a managerial or executive position.
- Proof of Ongoing Employment: Evidence showing that you have been continuously employed in a managerial or executive capacity. This might include performance reviews, promotions, or other indicators of ongoing high-level responsibilities.
EB-1C Document Checklist
When applying for an EB-1C visa, you need to provide thorough documentation about both your foreign employer and the US company where you will be working. This helps prove that both companies meet the necessary qualifications and that your role is genuinely managerial or executive.
Here’s a complete list to guide you through the document requirements for the EB-1C:
Documents About the Foreign Company
- Incorporation Documents/Partnership or Joint Venture Agreement: Articles/Memoranda of Incorporation, bylaws, stock certificates/ledger, and name change/registration documents.
- Business Permits/Licenses/Registration
- Company Annual Report/Marketing Brochure/Resume
- Lease/Deed/Mortgage or Rent Receipts
- Organizational Chart
- Articles/Promotional Materials: Information about the company, its products, services, or key personnel.
- Recent Company Tax Return or Financial Statement
- Copies of Awards, Memberships, or Special Achievements: Recognitions received by the company or key personnel
- Photographs: Images of the inside and outside of the facilities
Documents About the US Company
- Incorporation Documents/Partnership/Joint Venture Agreement
- Branch Qualification: Proof that the US company is legally qualified to do business in the US or the specific state.
- Business Permits/Licenses/Registration
- Company Annual Report/Marketing Brochure/Resume
- Latest Financial Statement or Federal Tax Return
- Information on Corporate Structure Changes: Any recent changes affecting the company’s corporate structure, if applicable.
- Lease/Deed/Mortgage or Rent Receipts
- Organizational Chart
- Articles/Promotional Materials: Information about the company, its products, services, or key personnel.
- Copies of Awards, Memberships, or Special Achievements: Recognitions received by the company or key personnel
- Photographs: Also, images of the inside and outside of the facilities
What is the 3-year Rule for EB-1C?
One of the most important guidelines for determining your eligibility for the EB-1C is the “3-year rule.” This rule requires that you have been employed in a managerial or executive role outside the United States for at least one year within the three years preceding your application.
This employment must be with a company that has a qualifying relationship with the US company where you’ll be taking up a similar role. You can also qualify if you are working for the same company on another visa (like H1B or L1) and have gained one year of experience within the 3 years prior to your transfer to the US.
This rule helps USCIS confirm that you have the necessary expertise to transition into a managerial or executive role with a US branch of your current company.
What are the Benefits of the EB-1C?
- Pathway to Green Card: One of the biggest advantages of the EB-1C is the speed at which it can lead to permanent residency. Unlike some other visa options, the EB-1C typically has a shorter processing time, which means you could get your EB-1C petition decision as quickly as 45 business days.
- No Labor Certification Required: The EB-1C doesn’t require the labor certification process, which can be lengthy and complex.
- Family Benefits: With the EB-1C, you can bring your immediate family—including your spouse and children under 21—along with you to the US.
- High Priority Status: Being part of the Employment-Based First Preference (EB1 visa) category means you’re considered a priority for visa issuance. This high-priority status can be particularly beneficial if you’re looking to move to the US quickly.
EB-1C Visa Processing Time
The EB-1C visa process is generally faster than that of other visa categories. It is part of the Employment-Based First Preference (EB1 visa) category, which USCIS prioritizes due to its focus on high-level professionals and executives.
This priority status generally means that applications in this category are processed more quickly than those in lower preference categories. Also, the EB-1C visa does not require Labor Certification, which can be lengthy and involves proving that there are no qualified US workers available for the position.
While processing times can vary, typically, you can expect the processing time for an EB-1C visa to range from 6 to 12 months. This timeline includes several stages: preparing your application, submitting it to USCIS, and then waiting for their review and decision.
In addition, factors that can influence the processing time include the complexity of your case, the volume of applications USCIS is handling, and whether any additional information or documentation is requested.
Conclusion
The EB-1C visa is a great way for multinational managers and executives to get a US green card. Through the EB-1C visa application, a United States company can sponsor a manager or an executive for a green card. However, they must meet all of the requirements.
