DM Norman Law Offices, APC.

EB-1C

EB-1C classification is available to:

“A multinational manager or executive who has been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation or other legal entity, and who is seeking to enter the United States to continue service for the same employer, or a subsidiary or affiliate thereof, in a managerial or executive capacity.”
(INA 203(b)(1)(C); USCIS Policy Manual)

This means the U.S. petitioner must be a qualifying employer related to the foreign company where the applicant worked.

Qualifying Relationship Between Companies

The U.S. entity must have a qualifying corporate relationship with the foreign employer:

• Parent
• Subsidiary
• Affiliate
• Branch

USCIS stresses:

“The U.S. employer must have been doing business for at least 1 year.” (USCIS Policy Manual, Ch. 4, Sec. B)

Employment Abroad Requirement

The beneficiary must have been employed:

• For at least 1 continuous year in the 3 years prior to filing (or prior to entry as a nonimmigrant, such as L-1A).
• In a managerial or executive capacity.

Note: If the person already entered the U.S. in L-1A status, the “1 year abroad” can be counted before the transfer.

 Managerial or Executive Capacity

The heart of EB-1C is whether the role is truly managerial or executive, not just supervisory.

Executive capacity means:

“An assignment in which the employee primarily:

• Directs the management of the organization or a major component or function of the organization;
• Establishes the goals and policies of the organization, component, or function;
• Exercises wide latitude in discretionary decision-making; and
• Receives only general supervision or direction from higher-level executives, the board of directors, or stockholders of the organization.”
  (INA 101(a)(44)(B); USCIS Policy Manual, Ch. 4, Sec. C.2)

Managerial capacity means:

“An assignment in which the employee primarily:

• Manages the organization, or a department, subdivision, function, or component of the organization;
• Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function;
• Has the authority to hire and fire or recommend personnel actions (if other employees are directly supervised); and
• Exercises discretion over the day-to-day operations of the activity or function.”
  (INA 101(a)(44)(A); USCIS Policy Manual, Ch. 4, Sec. C.1)
  

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5. Key Considerations by USCIS

• Job Duties > Job Title: USCIS looks at actual job duties, not just titles.
• Supervisory roles over low-level staff do not qualify; the role must be strategic, not operational.
• Functional Managers: Even without direct reports, a person managing an essential function (e.g., global product development, legal compliance) may qualify.
• Startups: Must show strong financials, staffing, and business operations to prove a “real” managerial/executive role.
  

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6. Petition Requirements (Form I-140)

• Filed by the U.S. employer (no self-petition).
• Evidence required includes:
  • Proof of corporate relationship (ownership structure, stock certificates, etc.)
  • Proof that U.S. employer has been doing business for at least 1 year
  • Detailed job descriptions (foreign and U.S. positions) showing executive/managerial nature
  • Organizational charts, payroll records, and contracts

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7. Common Challenges in EB-1C Cases

• Overly operational roles: If USCIS views duties as “day-to-day” instead of strategic, denial is likely.
• Small company issues: Difficult to prove an executive or managerial role if few or no subordinate managers exist.
• Functional managers: Must carefully document the significance of the managed function.
• Qualifying relationship proof: Must show real, ongoing business between U.S. and foreign entities.

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8. Link to L-1A Nonimmigrant Visa

EB-1C is often the natural green card progression for L-1A executives/managers. USCIS notes:

“The statutory definitions of managerial and executive capacity for EB-1C immigrant petitions are the same as those for L-1A nonimmigrant petitions.”
(USCIS Policy Manual)

However, EB-1C requires higher scrutiny, since it grants permanent residency.

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9. Advantages of EB-1C

• No PERM labor certification required.
• Premium processing sometimes available (depending on policy updates).
• Ideal for multinational companies wanting to retain top leadership in the U.S. permanently.