What Is EB-1C Green Card?
The EB-1C Visa, a subcategory of the Employment-Based First Preference visas, is designed for multinational executives and managers seeking to work permanently in the United States. This visa category provides a pathway for seasoned business leaders of global companies to bring their expertise and leadership skills to enhance U.S.-based operations. To qualify, applicants must have been employed in an executive or managerial role outside the United States for at least one of the three years preceding their petition, and the prospective U.S. employer must be an affiliate, subsidiary, or part of the same company. This visa not only reinforces corporate strategy but also fosters international business growth and economic collaboration.
Advantages of EB-1C Green Card
- Permits
- Employment Permit: The EB-1C Visa includes employment authorization, allowing visa holders to work in an executive or managerial role in the U.S. company. This aligns with the visa’s objective of enabling experienced leaders to contribute meaningfully to their organizations’ American operations, leveraging their global experience to drive business success.
- Residence Permit: The EB-1C Visa provides a pathway to lawful permanent residency (a Green Card) in the United States. Visa holders can live and work in the U.S. indefinitely as long as they maintain their role within the company structure, offering stability and permanence for personal and professional life.
- Validity
Upon approval, the EB-1C Visa facilitates a direct transition to obtaining a Green Card, rather than a temporary stay with renewals. The processing culminates in permanent residency, which grants the holder the ability to live and work in the United States indefinitely, with potential eligibility for citizenship in the future. This visa is particularly appealing to multinational companies aiming to establish long-term leadership presence in the U.S.
- Family Members
- Children: Children under the age of 21 and unmarried are eligible to receive derivative visas alongside the primary EB-1C applicant. This allows families to remain united, providing children with the opportunity to reside in the U.S., attend schools, and integrate into the local community during their parent’s tenure.
- Spouses: The spouse of an EB-1C Visa holder qualifies for an accompanying visa that grants them the opportunity to reside and work in the United States. This ensures that families can fully settle and participate in American life, enhancing the overall relocation experience and offering career continuity for spouses.
- Dual Intent
The EB-1C Visa acknowledges dual intent, allowing applicants to pursue permanent residency in the United States while obtaining their visa. This feature is advantageous for visa holders and their families, as it streamlines the immigration process, reducing concerns about future residency status while taking on leadership roles in their U.S.-based companies.
EB-1C Green Card Application Requirements
- Qualifying Multinational Company: Applicants must be employed by a multinational company that has been operational in the United States with affiliate or subsidiary relationships. This connection legitimizes the transfer of leadership and ensures alignment with company goals across borders.
- Executive or Managerial Role: The applicant should have served in an executive or managerial capacity for at least one of the three years preceding the petition. This role must involve directing company operations, managing professional employees, or overseeing a critical function within the organization.
- Permanent Position Offer: A U.S. employer must offer a permanent executive or managerial position, substantiating the necessity of the applicant’s expertise for domestic operations, and confirming long-term planning and growth.
- Proof of Employment Abroad: Provide documentation evidencing the applicant’s employment history and executive or managerial duties outside of the United States. This may include employment contracts, performance reviews, or organizational charts.
- Employer’s Proof of Operation: The U.S. branch or affiliate must supply evidence of its business activities, such as financial statements, tax records, and proof of affiliation with the multinational parent company.
- L-1A Visa Connection (Optional): While not mandatory, previous holders of an L-1A Visa may transition more seamlessly into an EB-1C Visa, given the similar nature of employment roles and company relationships.
- No Labor Certification Required: Unlike other employment-based Green Cards, the EB-1C does not require a labor certification, streamlining the process by omitting the need to prove the absence of qualified U.S. workers for the role.
EB-1C Green Card Application Process
- Preliminary Preparation
- Evaluation of Your Case: Assess the applicant’s suitability for the EB-1C Visa by reviewing employment history, role responsibilities, and confirming the company’s qualifying multinational structure. This foundational step determines alignment with eligibility criteria.
- Constituting Your Eligibility: Prepare comprehensive documentation showcasing the applicant’s executive or managerial capacity and the qualifying relationship between international and U.S. operations. Establish a well-documented case to support the petition.
- Necessary Documents
- Qualifying Multinational Company Documentation: Evidence of the multinational company’s operational history and current corporate structure within the U.S. and abroad.
- Employment Verification: Documents proving the applicant’s executive or managerial role, such as contracts or letters from HR, detailing responsibilities and salary history.
- Permanent Position Offer Letter: A formal offer letter from the U.S. branch stating the applicant’s intended executive or managerial role and its strategic importance.
- Proof of Active Operation: Financial documents, such as profit and loss statements or tax records, demonstrating the U.S. entity’s active business operations.
- Organizational Structure Charts: Diagrams showing the applicant’s position within the company hierarchy, both domestically and internationally.
- Affirmation of Managerial Capacity: Examples of decision-making authority, leadership tasks, and strategic influence within the company.
- Consular Processing
For applicants outside the United States or choosing not to adjust their status domestically, consular processing includes:
- Filing Form I-140: The U.S. employer submits this form to petition for the applicant’s EB-1C status, detailing the qualifying criteria and supporting evidence.
- Document Submission: Provide all necessary documentation to the U.S. Consulate or Embassy, verifying the applicant’s eligibility and the operational status of the employer.
- Visa Interview Scheduling: Attend an interview at a U.S. Consulate or Embassy, discussing the applicant’s executive or managerial role and the strategic value to the U.S. company.
- Decision Awaiting: Await the consular decision regarding the visa petition, prepared to supply any additional information if required.
