The EB-1C visa is an immigrant visa that is often used by multinational executives and managers to move from an overseas parent company or subsidiary to a U.S. company. The EB-1C is reserved for the multinational executives and managers of multinational companies with a branch in the U.S.
In order to qualify for the EB-1C visa, there are several requirements:
There must be a qualifying relationship between the U.S. company and the foreign one. The U.S. company must have been in operation for at least 1 year. The foreign executive's job duties must be managerial or executive in nature.The applicant must have worked for at least 1 full year during the past 3 years for the foreign affiliated company.
The EB-1C Visa does not require the labor certification process (PERM). The EB-1C visa allows the applicant, her/his spouse and children under the age of 21 to apply for permanent residency.
To qualify, an applicant must prove that his/her position meets the requirements and that the applicant has been working in the company's foreign branch for at least one year before filing a petition.
A qualifying executive must oversee the company's operation on a large scale. This means that the applicant needs to have the ability to make far-reaching decisions without substantial supervision.
On the other hand, a manager must supervise several employees' work to qualify. This means having the ability to hire, fire, and control the salary of a team of subordinates. It would be best if the manager also determined the day-to-day activities of these employees.
The employer must be an affiliate, subsidiary, or branch of the same company that an applicant has worked for in his/her home country. As such, your employer must be doing business in at least two countries, one of which must be the United States. Also, this branch must have been in business in the U.S. for at least one year before your EB-1C petition.
While the EB-1C category does not require a PERM labor certification, an applicant needs a valid job offer from a multinational U.S. employer for a qualifying executive or managerial position.
The sponsoring employer is the acting petitioner in an EB-1C case. This employer must file the petition on the applicant's behalf.
Contact Donald Gross Law for a free 30-minute consultation to start the application process for your EB-1C green card.