EB-1C Visa: Multinational Executive or Manager (Green Card)

EB-1C Requirements for Multinational Executive or Manager

• A managerial or executive who has been outside the U.S. for at least one of the preceding three years and is seeking to enter the U.S. to continue working for the organization or business. 
• The employer must meet the definition of a multinational corporation.
• The petitioning employer must be a U.S. employer and must have been doing business for at least one year at the time of application.
• The applicant must be looking to continue their service to that same organization in the United States.

Multinational Executives or Managers: Your employer has to file a Form I-140, Petition for Alien Worker, on your behalf. The employer must show their ability to pay the offered wage current with the priority date continually.

A key factor is proving the relationship between the U.S.-based operation and any international or foreign parent or affiliated company. There are two main ways of showing this: 

1. The first is that either the U.S. or foreign companies own the other (parent-subsidiary relationship). 
2. The second viable option is an affiliation, in which the same shareholders own substantially similar stakes in both companies. 

We offer advice for building an immigration strategy to maximize your chances of proving qualification.
 
There are two common challenges during the EB-1C visa application process: 

1. When the applicant is an executive and the owner of the company. 
2. Proving whether the job in question is genuinely managerial or executive. 

Benefits of an EB-1C Green Card

The EB-1C visa is seen as a particularly desirable Green Card because:

• EB-1 visa priority dates are "current," which means the wait can be a lot shorter than for other green cards.
• It is also unnecessary to go through the PERM process (where the Department of Labor would need to establish that existing U.S.-based workers could fill the same position).
• The spouse and any minor children of the green card holder may also be eligible for admission into the United States under E-14 or E-15 immigrant status.

For these reasons, EB-1C visa applications are subject to strict scrutiny, and they are among the most difficult visas to obtain.

USCIS Qualifications for an EB-1C Visa

• Winning nationally- or internationally-recognized prizes or awards for excellence.
• Membership of one or more associations that require outstanding achievement as a condition of membership in the field.
• Proof of published material about the beneficiary in professional or major trade publications or other major media.
• Evidence of an invitation to judge others' work, whether as an individual or part of an expert panel.
• Evidence of original scientific, scholarly or business-related contributions of major significance to the field.
• Evidence of authorship of scholarly books or articles (in academic journals with international circulation) in the field.
• Evidence of performance in a leading or critical role in respected organizations.
• And possibly evidence of commanding a high salary (or other significantly high remuneration) compared to others in the field.
• Published material in professional publications written by others about the beneficiary's work in the academic field.
• Original scientific or scholarly research contributions in the field.

(Source: USCIS)

We typically recommend obtaining references from around ten independent experts who can validate the evidence, proving that any publications or citations are relevant and meet the minimum requirements. OnlineVisas has substantial experience in helping to source credible and reliable expert references for EB-1B petitions.

EB-1C Green Card Process and Documentation

According to USCIS, as the named Form I-140 beneficiary, you should submit the following documentation and evidence to apply as for an employment-based green card as an immigrant currently in the U.S.:

• Form I-485, Application to Register Permanent Residence or Adjust Status;
• Form I-797, Approval or Receipt Notice, for Form I-140, filed on your behalf (unless you are filing your Form I-485 together with the Form I-140);
• Form I-485 Supplement J (unless filing Form I-485 with Form I-140 or adjusting status based on a National Interest Waiver or as an alien of extraordinary ability), to confirm that the job offered to you in Form I-140 remains a bona fide job offer that you intend to accept once your Form I-485 is approved; and
• Signed statement of intention to work in the occupational field specified in Form I-140 if you are a self-petitioner;
• Two passport-style photographs;
• Government-issued identity document with photograph;
• Birth certificate;
• Passport page with nonimmigrant visa;
• Passport page with admission/parole stamp;
• Form I-94, Arrival/Departure Record, or U.S. Customs and Border Protection (CBP) admission or parole stamp on the travel document.

Note: You can print the paper version of Form I-94 from the CBP website if CBP provides you with an electronic version.

• Since arriving in the U.S., show proof of continuously maintaining lawful status (or an exemption under INA 245(k)).
• Form I-864, Affidavit of Support Under Section 213A of the INA (if your U.S. citizen or lawful permanent resident relative filed Form I-140. Or by a relative who is a U.S. citizen who holds 5% or more of ownership interest in a for-profit entity.) For more information, see Instructions for Form I-864.

Note: A "Relative" is a U.S. citizen or lawful permanent resident who is your husband, wife, father, mother, son, daughter, brother, or sister;

• Form I-693, Report of Medical Examination and Vaccination Record (may be submitted with Form I-485 or by mail upon request or at your in-person interview);
• Certified police/court records that include a complete criminal background report;
• Form I-601, Application for Waiver of Grounds of Inadmissibility;
• Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal; 
• J-1 or J-2 nonimmigrant status documents (proof of compliance or a 2-year foreign residence waiver under INA 212(e). See Form I-612, Application for Waiver of the Foreign Residence Requirement); 
• Form I-508, Request for Waiver of Rights, Privileges, Exemptions, and Immunities (if for A, G, or E nonimmigrant status.) 
• Form I-566, Interagency Record of Request – A, G or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status (only for A, G, or NATO nonimmigrant status); and
• Form I-485 Supplement A "Adjustment of Status Under Section 245(i)."

Note: Each form requires you to submit the correct filing fee unless you are exempt or eligible for a fee waiver. Consult USCIS' Filing Fees and Fee Schedule for more information.

See the Instructions for Form I-485 and Tips for Filing Forms with USCIS for more information on applying for adjustment of status.

The Most Common EB-1C Fees and Their Associated Costs

• Form I-140, Immigrant Petition for Alien Workers: This is the key form for EB-1C visa applicants, where a U.S. employer petitions for an executive or manager of a multinational company to become a permanent resident in the United States. The fee for Form I-140 is $700.
• Form I-485, Application to Register Permanent Residence or Adjust Status: This form is typically used when an applicant is already in the U.S. and seeks to adjust their status to a permanent resident. The fee for Form I-485 is $1,140.
• Form I-131, Application for Travel Document: This form is required if the applicant needs to travel outside of the U.S. while their I-485 form is still under processing. The cost for Form I-131 is $575.
• Form I-765, Application for Employment Authorization: This form is required if the applicant needs to work in the U.S. while their I-485 form is being processed. The cost for Form I-765 is $410.
• Form I-693, Report of Medical Examination and Vaccination Record: This form is needed for applicants to show they are not inadmissible to the U.S. on public health grounds. There's no filing fee for Form I-693, but costs may be incurred for the medical examination.

In addition to the application fees, applicants may also encounter other costs such as travel expenses to the U.S. embassy or consulate, translation fees, document preparation fees, and costs associated with acquiring necessary supporting documents like copies of passports, birth certificates, or marriage certificates. The total cost of an EB-1C visa application can vary depending on individual circumstances, but applicants should generally anticipate spending several hundred to several thousand dollars in application fees and other related costs.

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