EB-1C (Certain Multinational Manager or Executive)
EB-1C is an immigrant visa for multinational manager or executive. The EB-1C visa allows a foreign company to transfer its manager or executive to its affiliate U.S. entity. As an immigrant visa, the EB-1C qualifies the foreign employee, his/her spouse, and the children under 21 years old for US green cards.
The labor certification is not required in the EB-1C application but the U.S. employer must file the petition for its foreign manager or executive, who is the beneficiary to the petition. The petition must be accompanied by a statement from the U.S. employer affirming all the pertinent requirements have been satisfied. These requirements are:
- the U.S. employer is the same employer or a subsidiary or affiliate of the foreign company by which the foreign manager/ executive was employed abroad
- the foreign manager or executive must have worked for the foreign company outside the United States for at least one continuous year during the 3-year period immediately preceding the EB-1C petition
- the foreign manager or executive must have worked for the foreign company in a managerial or executive capacity
- the foreign manager or executive must have a full-time job offer to work for the U.S. employer in a managerial or executive capacity
- the U.S. employer must have been doing business in the United States for at least one year prior to the filing of the EB-1C petition
Under the context of the EB-1C (and L-1 visa as well), the “managerial capacity” means
- managing the organization, or a department, subdivision, function, or component of the organization
- supervising and controlling the work of other supervisory, professional, or managerial employees, or managing an essential function within the organization, or a department or subdivision of the organization
- having the authority to hire and fire or recommend those types of personnel actions for employees directly supervised; if no employees are directly supervised, functioning at a senior level within the organizational hierarchy or with respect to the function managed; and
- exercising discretion over the day-to-day operations of the activity or function for which the employee has authority. A first-line supervisor is not considered to be acting in a managerial capacity just by virtue of the supervisor’s supervisory duties unless the employees supervised are professional.
The “executive capacity” means
- directing the management of the organization or a major component or function of the organization
- establishing the goals and policies of the organization, component, or function
- exercising wide latitude in discretionary decision-making
- receiving only general supervision or direction from higher-level executives, the board of directors, or stockholders of the organization
There is no specific requirement with respect to size of the company and its gross business revenue, but the USCIS rules require that the employer conduct business in two or more countries, one of which is the United States, either directly or through subsidiaries or affiliates. Further, there is no requirement that a qualifying relationship between the U.S. entity and the foreign company exist for a period of one year prior to the filing of the EB-1C petition. The rules only require that the U.S. entity have been in business for at least one year. As a result, a U.S. entity that has been acquired by a foreign company may immediately file EB-1C petition on behalf of its foreign manager/executive.
EB-1C creates a short-cut for business owner to immigrate to the United States so long as the pertinent requirements have been satisfied. Thus, this category represents an important alternative to EB-5 visa. Polaris Law Group is ready to help clients to represent the EB-1C cases to USCIS for approval. You are welcome to contact Polaris Law Group for a free initial consultation.
DISCLAIMER: This article includes general information and interpretation of the law. The materials here are for information purpose only and may not reflect the most current development of immigration law. The materials here are not intended, and must not be taken, as legal advice on any particular facts or circumstances. You should contact an attorney for advice on specific legal issues or problems.
