The EB-1C Visa, part of the Employment-Based First Preference category, is designed for multinational companies seeking to transfer executives or managers from their foreign branches, subsidiaries, or affiliates to their U.S. operations. This visa streamlines the process of bringing key personnel to the United States to manage or oversee the company's operations.
The EB-1C Visa enables multinational companies to transfer qualified executives or managers to their U.S. locations, contributing to the growth and success of the company's American operations.
Priority Date: EB-1C falls under the preference category with the shortest waiting time, resulting in quicker processing compared to other employment-based visas.
No Labor Certification: Unlike other employment-based visas, EB-1C does not require a labor certification from the U.S. Department of Labor.
Permanent Residency: Successful EB-1C applicants can obtain a green card, allowing them and their immediate family members to permanently reside and work in the United States.
Flexibility: EB-1C allows companies to transfer top executives and managers, ensuring seamless management of U.S. operations.
The applicant must have been employed in an executive or managerial role for at least one year within the three years preceding the application.
The applicant must be transferring from a foreign affiliate, subsidiary, parent company, or branch to a U.S. entity of the same organization.
The U.S. entity must have been in operation for at least one year before the application.
The applicant must continue to serve in an executive or managerial capacity in the U.S.
Petition Filing: The U.S. employer submits Form I-140, Immigrant Petition for Alien Worker, on behalf of the applicant to the U.S. Citizenship and Immigration Services (USCIS).
Documentation: The petition must include evidence of the applicant's executive or managerial role, proof of the qualifying relationship between the U.S. and foreign entities, and other supporting documentation.
Priority Date: Once the petition is approved, the applicant's priority date is established, and they can either wait for a visa number to become available or adjust their status if eligible.
Adjustment of Status or Consular Processing: If a visa number is available, the applicant can apply for an adjustment of status within the U.S. If outside the U.S., they can go through consular processing at a U.S. embassy or consulate.
Navigating the EB-1C process requires a thorough understanding of immigration laws. Consulting an experienced immigration attorney can help ensure a successful application and a smooth transition for the transferring executive or manager.