The EB-1C petition for multinational managers and executives allows international companies to transfer their managerial-level employees to the U.S. as permanent residents. To apply, a sponsoring US employer submits Form I-140 on behalf of an employee to U.S. Citizenship and Immigration Services (USCIS). Requirements for successfully applying in this category are divided between both the petitioning employer and employee beneficiary.
- The company must be a U.S. employer with a qualifying relationship with a foreign company, such as a parent company, branch, or affiliate. (These are collectively referred to as “qualifying entities.”)
- The company must operate in the U.S. and in at least one other country, either directly or through a qualifying entity, in the regular, systematic, and continuous provision of goods or services.
- The company must have been conducting business in the U.S. for at least one year prior to filing.
Some of these requirements are relatively easy to satisfy and do not require extensive documentation, especially for cases involving well-known and established companies. However, when a petitioning company is small or has only recently been established, the employer should be prepared to provide extensive documentation to establish eligibility. Accordingly, we recommend that such companies in particular seek the professional services of experienced immigration attorneys.
Prospective beneficiaries of an EB-1C visa must have been employed in a managerial or executive capacity by the overseas affiliate, parent, subsidiary or branch of the U.S. employer for at least one of the three years prior to filing the petition. They must also intend to immigrate to the U.S. to work in a managerial or executive capacity with the employer. Additional conditions apply according to the professional capacity an alien is seeking to assume.
To qualify as a manager, the alien must prove that he or she personally:
- Manages the organization, department, component, or function;
- Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization;
- Has the authority to hire, terminate, and make other personnel decisions; and
- Exercises discretion over day-to-day operations of the activity or function.
To qualify as an executive, the alien must prove that he or she primarily:
- Directs the management of an organization, major component, or function;
- Establishes goals and policies;
- Exercises wide latitude in discretionary decision-making; and
- Receives only general supervision from higher executives, the board of directors, or stockholders.