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)
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.
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
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.
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.
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.