EB-1C green card option for entrepreneurs: an intracompany transfer for a foreign Executive or Manager

Overview

How does the process of getting an EB-1C green card look like

We will go through all the process steps with you: 

  • prepare the immigration forms, 
  • draft the legal argument and compile all your evidence, 
  • print and send the package to the USCIS, 
  • help with the appointment in any US Consulate after the petition is approved (including DS-260 form preparation and filing, interview advice, and communication with the US Consulate on your behalf) 
  • and monitor the status of your case. 

Book a 30-min consultation here to evaluate your case!

If you are currently in the U.S., you should also file a Form I-485 application for adjustment of status. If still abroad, you should take a consular processing interview at a US consulate.

Requirements for the EB-1C are similar to the L-1A non-immigrant intracompany transferee visa

To file the Immigrant Petition for Alien Workers successfully, the petitioner (U.S. employer) must demonstrate the following:

  • a permanent job offer for the beneficiary (foreign worker) in a managerial or executive position;
  • the ability to pay the beneficiary’s salary;
  • that the company existed in the U.S. for at least 1 year;
  • that both affiliated companies (in the U.S. and abroad) maintain a qualifying relationship;
  • the beneficiary was employed abroad by an affiliated organization for 1 year out of the prior 3 years before coming to the U.S. on L-1A, O-1A, or H-1B visa.

What does the USCIS mean by a “qualifying relationship”?

The U.S. entity may be a parent, subsidiary, or affiliated company to the foreign company. The entity abroad and the petitioner need to have joint ownership and control.

Local offices of a foreign employer operated as a branch may not offer permanent employment to a beneficiary (but a U.S. company with a branch abroad may file a petition). 

Licensing or franchising is not sufficient for an EB-1C Green Card petition. Noncitizens seeking to enter the USA to open a new office are not eligible for EB-1C but should apply for L-1A or O-1A

What does a managerial or executive position mean for a USCIS officer?

Managerial position includes personnel and function managers, while executive capacity focuses on a person’s role within an organization. 

An executive is usually responsible for large-scale oversight, setting goals and implementation, and business leadership. For example, a Chief Executive Officer or Vice President of Technology or Finance would be considered an executive role. 

A manager manages a department, subdivision, function, or organization component. For example, Project Manager or HR Manager are considered manager roles. 

First-line supervisors are only qualified if the supervised employees are professionals (their jobs require university degrees, and they have degrees in the related field). An employee who primarily performs non-managerial or non-executive duties does not qualify for EB-1C Green Card either. 

The evidence that may help for the EB-1C petition:

  • descriptions of a beneficiary’s duties and their subordinate employees, 
  • the nature of the petitioner’s business, 
  • the employment and remuneration of other employees, 
  • other facts that contribute to understanding a beneficiary’s actual role in the business. 

Please call us at +1 (206) 605-0550 or book a consultation with our attorney to evaluate your case

Frequently Asked Questions

Who typically qualifies for EB-1C?

Many different types of managers and executives may qualify for the EB-1C! For example,  a Product Manager who had worked in Germany for 2 years and is now working for the same company as a Senior Program Manager in the U.S. may qualify for an EB-1C.

We are a small company. Does EB-1C work for us?

Smaller organizations must have sufficient staff to perform the day-to-day operations, so the beneficiary is primarily employed in the executive function – the USCIS officer may request a description of the overall management and executive personnel structure supported by position descriptions. 

It may be challenging for a single-person office to establish that the sole employee will be engaged primarily in a managerial or executive function. But it is possible if the U.S. company is willing to hire contractors whom the transferred executive will supervise.

Please contact us for the evaluation to determine if you qualify for a green card as a multinational manager/executive.

How long will it take to get an EB-1C green card?

Your green card will be shipped to your  U.S. home address after your Form I-485 (Application for Adjustment of Status to Permanent Residency) is approved by the USCIS.

If you are already in the United States with a valid nonimmigrant status (like  L-1A), you may file Form I-485 concurrently with Form I-140 (your Employer’s Immigrant Visa Petition for you). Premium processing is not available now for the EB-1-C category. The average processing time for Forms I-140 and  I-485 is from 1o months to 1,5 years due to post-pandemic backlog.

Remember, you must have been employed by the entity abroad in a managerial or executive capacity for at least one year in the three years before your entry as a nonimmigrant.

Can my family members receive green cards through my EB-1C?

Yes! Your spouse and children under 21 can adjust their status for permanent residency concurrently with you or obtain immigrant visas in the U.S. Consulate abroad (“Follow-to-Join” Benefit) if your EB-1C petition is approved. 

Which documents are needed to apply for EB-1C Green Card?

The foreign manager:

Detailed information about their education, training, work experience, and other qualifications: resume, diplomas, and other documents showing the capability to conduct business in the executive position.

The U.S. employer:

  • Job offer with a detailed description of the job duties
  • Business License 
  • Application for EIN
  • Incorporation documents
  • Organization charts
  • Business description and plan, letterhead with company logo, name, and address
  • Employer’s Quarterly Report (Form 941)
  • Corporate Income Tax Return (Form 1120)
  • Accounting Reports (Audited Balance Sheet, Income Statement, Cast Flow)
  • Commercial contracts, invoices, bills of lading, letters of credit, etc.
  • Pictures of the main office, factories, and buildings (Outside and inside)
  • Lease of business location
  • Bank Statements 
  • Stock certificates
  • Organization Structure, the total number of employees, plan for future employment, and position held by the transferee.
  • Proof of business transactions
  • Income taxes for the past 3 years

Our immigration attorney Katya Stelmakh will advise on the best evidence to submit and help you prepare a compelling EB-1C argument – book the 30-min consultation here

What are the filing fees for the EB-1C?
  • I-140 basic filing fee: $700 (paid by your employer);
  • I-485 filing fee: $750-$1,140 (varies depending on your age, can be paid by you or your employer);
  • Biometrics Services Fee (if needed): $85 (your responsibility);
  • DS-260 fee (if required): $230 (your responsibility);
  • Affidavit of Support fee (if you want to bring your family): $88 (your responsibility).

 

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