EB1C Visa

EB1C Visa Guide: Essential Information on the EB1C Visa for International Managers and Executives

The EB1C visa provides a streamlined path for international managers and executives to transfer to a related U.S.-based company. This visa category offers a direct route to permanent residency, making it an ideal option for those seeking long-term residence and career growth in the United States. Key benefits include eligibility for:

  • The primary applicant
  • Spouse
  • Unmarried children under 21

EB1C Visa Overview

The EB1C visa allows foreign companies to transfer managers and executives to related entities within the United States without requiring Labor Certification. Key requirements include:

  • The U.S. company must have been operational for at least one year.
  • The foreign worker’s duties in the U.S. must be primarily managerial or executive.
  • The U.S. employer must file the petition on behalf of the foreign worker (self-petitioning is not permitted).

Similarities with the L1A Visa:

  • Both visas require the foreign worker to take on a managerial or executive role in the U.S.
  • Shared definitions exist for “manager” and “executive.”

Key Differences:

  • EB1C undergoes stricter evaluation criteria compared to the L1A.
  • The L1A is a non-immigrant visa, whereas the EB1C is an immigrant visa classification, allowing for permanent residency.

Benefits of the EB1C Visa:

  • Green card eligibility for the foreign worker, spouse, and unmarried children under 21.
  • No Labor Certification required, streamlining the application process.

Application Process:

  • The U.S. employer files the EB1C petition as the petitioner.
  • The foreign worker is the beneficiary, with no self-petitioning option available.

Advantages of the EB1C Visa

I. Streamlined Hiring Process

The EB1C visa eliminates the need for Labor Certification, making it easier for U.S. employers to bring in qualified talent without lengthy labor-market testing. This benefit:

  • Saves time and reduces complexity.
  • Allows U.S. employers to bypass the process of demonstrating a lack of qualified U.S. workers.
  • Enables a direct hiring route through a straightforward job offer.

II. Pathway to Permanent Residency

The EB1C visa, as an immigrant visa classification, offers green card eligibility for the beneficiary, spouse, and unmarried children under 21. Additional benefits include:

  • Flexible travel in and out of the U.S.
  • Work authorization in any lawful capacity.
  • Access to U.S. educational opportunities for the beneficiary and family members.

Requirements for an EB1C Visa

To qualify for an EB1C visa, the following requirements must be met:

  1. Qualifying Relationship: A qualifying relationship must exist between the foreign company and the U.S. company.
  2. Work Experience: The beneficiary must have worked for the foreign employer for at least one continuous year within the three years preceding the EB1C petition.
  3. Managerial or Executive Role: The beneficiary must have held a managerial or executive role at the foreign company.
  4. Job Offer: The beneficiary must have a full-time job offer for a managerial or executive position at the U.S. company.
  5. U.S. Company Operations: The U.S. company must have been operational for at least one year before filing the EB1C petition.

Need Assistance with Your EB1C Visa Application?

For personalized guidance and additional questions, our team is here to support you every step of the way. Please don’t hesitate to reach out to us at matif@atiflawfirm.com. We’re here to help!