THE EXTRAORDINARY ABILITY VISA: EB-1C

The Multinational Managerial or Executive EB-1C petition allows international companies to transfer top-level executives and managers to the U.S. as permanent residents.  The goal of the EB-1C is to encourage foreign business expansion in the U.S.

Requirements for the EB-1C Employer

There are specific criteria that must be satisfied on the part of the employer.

1.     The company must have a qualifying relationship with a foreign company, such as a parent company, branch, subsidiary, or affiliate. These are collectively referred to as qualifying entities.

2.     The company must conduct business as an employer in the United States and in at least one other country directly or through a qualifying organization in the regular, systematic, and continuous provision of goods or services.

3.     The company must have been in existence in the United States for at least one year.

To prove that the employer in the U.S. has been established for at least one year applicants must provide evidence of activity.   Activity includes:  the business registration, lease or deed for business premises, occupational license, photographs of the business premises and operations, proof that the business has employees (such payroll tax records), advertising, receipts for business expenses, invoices, contracts, and recent financial information (such as balance sheets, financial statements, company income tax return, and recent bank statements for the company).

Requirements for the EB-1C Employee

The EB-1C employee must have been employed for one year within the past three years by the overseas affiliate, parent, subsidiary or branch of the U.S. employer and they must work in the United States in a managerial or executive capacity.

The managerial capacity requirement is met if the alien can prove that he or she personally:

1.     Manages the organization, department, component or function;

2.     Supervises and controls the work of other supervisory, professional or managerial employees, or manages an essential function within the organization or department or subdivision or the organization;

3.     Has the authority to hire and fire and make personnel decisions; and

4.     Exercises direction over day-to-day operations of the activity or function.

The executive capacity requirement is met if the alien can prove that he or she primarily:

1.     Directs management of an organization, major component, or function;

2.     Establishes goals and policies;

3.     Exercises wide latitude in discretionary decision-making; and

4.     Receives only general supervision from higher executives, the board of directors, or stockholders.

Processing:

In addition to collecting all necessary evidence and documentation for EB-1C, the employer must file a Form I-140, Petition for Alien Worker.

Advantages:

1.     The employer and the alien employee can avoid Labor Certification Process.

2.     The immigration visa numbers are “current”, so that the alien employee is immediately eligible to file a Green Card application after the EB-1C immigrant petition approval.