EB-1C: Managers and Executive Transferees
Along with EB-1A and EB-1B, EB-1C also is in the EB-1 category, which is for first preference employment based visas. A First Preference Immigration Petition (EB-1) is an employment-based petition for permanent residence reserved for those who are among the most able and accomplished in their respective fields within the arts, sciences, education, business, or sports. Moreover, the immigrant visa numbers are immediately available under the EB-1 category. A beneficiary may apply for an Adjustment of Status with the EB-1 or later on in the process.
A specific employment-based immigrant preference category (EB-1C) was created for managers and executives who meet the L-1 standards and are interested in becoming lawful permanent residents (LPRs). These aliens are considered "priority workers" in the first preference, which is allotted 40,000 annual immigrant visas. Although L-1A status is not a prerequisite for immigrant benefits in this category, the immigrant petitioner’s prior L-1A status provides a stronger case for the EB-1C immigrant petition. However, we have successfully worked with many clients who have applied for EB-1C status without ever having obtained L-1A status.
The EB-1C visa is a good way for small or start-up overseas companies to expand their business and services to the United States. This is advantageous to smaller companies because its allows for the transfer of a highly proficient manager, executive, or owner who has direct knowledge of operations, allowing the set up of a new branch in compliance with the goals and objectives of the company’s main office.
The most notable advantage for those who qualify for an EB-1A petition is that there is no need for a Labor Certification. Obtaining a Labor Certification is a time-consuming and expensive process that seeks to determine whether a qualified U.S. worker is available to fill the position sought by the petitioning alien. In addition to the time and expense of the Labor Certification process, an alien risks being denied a Labor Certification if a U.S. worker with the minimum technical qualifications for the employment is found (even if the alien is actually more suitable for the position based on factors not considered in the Labor Certification process). Also, an EB-1C is more likely than other immigration categories to be approved by United States Citizenship and Immigration Services (USCIS), if the applicant meets all the regulatory requirements of EB-1C.
The following requirements must be satisfied:
- The candidate must have been employed for one year within the past three years by either the oversees affiliate, parent, subsidiary or branch of the U.S. employer and she must work in the United States in a managerial or executive capacity; and
- The company must conduct business within the United States and another country in the regular, systematic, and continuous provision of goods or services; and
- The company must have been in existence in the United States for at least one year.
The Managerial Capacity requirement is met if the alien can prove that he/she personally:
- Manages the organization, department, component, or function;
- Supervises and controls the work of other supervisory, managerial, or professional personnel;
- Has authority to make personnel hiring/firing decisions; and
- Exercises discretion over day-to-day operations or function.
The Executive Capacity requirement is met if the alien can prove that she primarily:
- Directs 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.
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