What is an EB-1C visa?
EB-1C visa is a type of employment-based immigrant visa category in the United States. It is designed for multinational managers and executives who are being transferred to a U.S.-based office of the same company, which must be a qualifying multinational organization.
Here are some key features and eligibility criteria for the EB-1C visa:
- Multinational Manager or Executive: To qualify for an EB-1C visa, you must be either a multinational manager or executive. A manager is typically responsible for supervising other professional employees or managing an essential function of the organization, while an executive has the authority over the organization’s operations or a major component of it.
- Qualifying Relationship: Both the U.S. office and the foreign office must have a qualifying relationship. This generally means that the U.S. office is a subsidiary, affiliate, or branch of the foreign company, and both entities are involved in regular, ongoing business activities.
- Continuous Employment: You must have been employed by the foreign company in a managerial or executive capacity for at least one continuous year out of the three years immediately preceding the filing of the visa petition.
- Transfer to the U.S.: You must be coming to the United States to work in a managerial or executive capacity for the same employer or a subsidiary or affiliate of the foreign employer.
- Priority Date: The EB-1C visa category typically has a shorter waiting time for a green card compared to some other employment-based categories. Your priority date (the date your employer files the I-140 petition) becomes important in determining when you can apply for adjustment of status (if you are already in the U.S.) or when you can go through consular processing (if you are outside the U.S.).
- No Labor Certification: Unlike some other employment-based visa categories, the EB-1C category does not require the employer to obtain a labor certification from the U.S. Department of Labor.
How to apply for an EB-1C visa?
Applying for an EB-1C visa involves several steps, and it’s important to follow the process carefully. Here is a general outline of the steps to apply for an EB-1C visa:
- Determine Eligibility:
- Ensure that you meet the eligibility criteria for the EB-1C category, which typically involves being a multinational manager or executive and having a qualifying relationship between the U.S. and foreign companies.
- Employer Sponsorship:
- Your U.S. employer (the subsidiary, affiliate, or branch of the foreign company) must sponsor you for the EB-1C visa. They will be responsible for initiating the application process.
- Labor Certification:
- Unlike some other employment-based visa categories, the EB-1C category does not require a labor certification from the U.S. Department of Labor. This can simplify the process.
- File Form I-140:
- Your U.S. employer must file Form I-140, Immigrant Petition for Alien Workers, on your behalf. This form serves as the petition for an EB-1C visa and must be submitted to U.S. Citizenship and Immigration Services (USCIS).
- Provide Supporting Documentation:
- Along with Form I-140, your employer must submit supporting documentation that demonstrates your eligibility. This may include:
- Proof of your managerial or executive role in the foreign company.
- Evidence of the qualifying relationship between the U.S. and foreign companies.
- Proof of your one year of employment in the managerial or executive capacity.
- Along with Form I-140, your employer must submit supporting documentation that demonstrates your eligibility. This may include:
- USCIS Processing:
- USCIS will review the I-140 petition and supporting documents. If they determine that you meet the eligibility criteria, they will approve the petition.
- Priority Date:
- A priority date will be established based on the filing date of the I-140 petition. The priority date is important for determining when you can apply for adjustment of status (if you are in the U.S.) or when you can go through consular processing (if you are outside the U.S.).
- Visa Bulletin:
- Keep an eye on the Visa Bulletin published by the U.S. Department of State. It provides information on the availability of immigrant visa numbers for your category and country of chargeability. When your priority date becomes current, you can proceed with the next steps.
- Adjustment of Status or Consular Processing:
- If you are in the U.S. and your priority date is current, you can apply for adjustment of status by filing Form I-485, Application to Register Permanent Residence or Adjust Status. If you are outside the U.S., you will go through consular processing at a U.S. embassy or consulate.
- Attend Visa Interview:
- If you are going through consular processing, attend a visa interview at the U.S. embassy or consulate in your home country.
- Receive Immigrant Visa or Green Card:
- Once your application is approved, you will either receive an immigrant visa (if going through consular processing) or a green card (if adjusting status in the U.S.).
How to apply for an EB-1 visa?
The EB-1 visa is an employment-based immigrant visa category for individuals with extraordinary ability, outstanding professors and researchers, or multinational managers and executives. The application process for an EB-1 visa involves several steps, and it’s essential to meet the specific criteria for your subcategory (EB-1A, EB-1B, or EB-1C). Here’s a general overview of the process:
- Determine Eligibility:
- Determine which subcategory of the EB-1 visa you qualify for based on your qualifications and achievements: EB-1A (Extraordinary Ability), EB-1B (Outstanding Professors and Researchers), or EB-1C (Multinational Managers and Executives).
- Gather Supporting Documents:
- Collect all required documentation to demonstrate your eligibility. These documents may include:
- Letters of recommendation from experts in your field.
- Evidence of your achievements, awards, or publications.
- Employment history and job offers (if applicable).
- Proof of your managerial or executive role (EB-1C).
- Any other relevant supporting evidence.
- Collect all required documentation to demonstrate your eligibility. These documents may include:
- File Form I-140:
- Your U.S. employer (or you, if you are a self-petitioner for EB-1A) must file Form I-140, Immigrant Petition for Alien Workers, with the U.S. Citizenship and Immigration Services (USCIS). Make sure to choose the appropriate subcategory on the form.
- Pay Filing Fees:
- Pay the required filing fees for Form I-140. Check the USCIS website for the most up-to-date fee information.
- USCIS Processing:
- USCIS will review your Form I-140 and supporting documents to determine if you meet the criteria for the selected EB-1 subcategory. If they approve the petition, you’ll receive a Notice of Action (Form I-797) indicating the approval.
- Priority Date:
- A priority date will be established based on the filing date of your Form I-140. This date is crucial for determining when you can proceed with the next steps of the process.
- Visa Bulletin:
- Monitor the Visa Bulletin issued by the U.S. Department of State to check the availability of visa numbers for your category and country of chargeability. When your priority date becomes current, you can proceed with the final steps.
- Adjustment of Status or Consular Processing:
- If you are already in the U.S., and your priority date is current, you can apply for adjustment of status by filing Form I-485, Application to Register Permanent Residence or Adjust Status. If you are outside the U.S., you will go through consular processing at a U.S. embassy or consulate.
- Attend Visa Interview (if applicable):
- If you are going through consular processing, attend an interview at the U.S. embassy or consulate in your home country.
- Receive Immigrant Visa or Green Card:
- Once your application is approved, you will either receive an immigrant visa (if going through consular processing) or a green card (if adjusting status in the U.S.).