What is the EB-1C visa, and who is it for?
The EB-1C visa is an immigrant visa designed for multinational executives and managers transferring from an overseas parent company or subsidiary to a U.S. branch. It provides a pathway to U.S. permanent residency for qualified applicants, their spouses, and children under 21.
What are the key eligibility requirements for the EB-1C visa?
To qualify for the EB-1C visa, the applicant must meet these criteria:
- The U.S. and foreign companies must have a qualifying relationship (affiliate, subsidiary, or branch).
- The U.S. branch must have been operational for at least one year.
- The applicant must have worked in a managerial or executive role for the foreign company for at least one year in the past three years.
- The applicant’s role in the U.S. must also meet executive or managerial requirements.
What distinguishes an executive from a manager for EB-1C eligibility?
- Executives: Must oversee the company’s operations on a large scale and make significant decisions with minimal supervision.
- Managers: Must supervise multiple employees, control hiring and firing decisions, set salaries, and oversee day-to-day activities of their team.
Does the EB-1C visa require a labor certification (PERM)?
No, the EB-1C visa does not require a PERM labor certification. However, the applicant must have a valid job offer from a U.S.-based multinational employer in a qualifying executive or managerial role.
Who files the EB-1C petition, and what is the process?
The sponsoring employer acts as the petitioner and files the EB-1C petition on behalf of the applicant. To begin the process, contact Donald Gross Law for a free 30-minute consultation to discuss your eligibility and next steps for obtaining an EB-1C green card.