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EB-1C Multinational Manager or Executive Visa

One of the most desired United States visas is the Multinational Manager or Executive Visa, categorized as the EB-1C. The visa category is classified under the first preference (EB-1) employment-based immigrant visa classification. The EB-1C visa is for employees of multinational corporations who hold managerial or executive positions who have been asked to move to the U.S. for a job.

The primary purpose of the EB-1C visa is to allow these high-level managerial and executive talents to continue their employment within the same organization in the U.S. This possibility allows companies to grow their business while also adding to the large talent pool in the United States.

Aside from the EB-1C multinational managers and executives visa, the EB-1A for individuals with extraordinary ability, and the EB-1B for outstanding professors and researchers are also under the EB-1 category.

The EB-1C visa is classified as a priority worker visa, inferring that applicants may be prioritized in visa processing compared to other categories. Unlike some work or employment-based visas like the H-1B, H-2A, H-2B, EB-2 (except NIW), EB-3, and EB-4 visas, the EB-1C visa does not require the employer to go through the labor certification process.

Requirements for EB-1C Manager or Executive Visas

The EB-1C visa was designed for foreign nationals who hold managerial or executive positions in a multinational organization and are seeking a transfer to the organization’s branch or affiliate in the United States.

However, like for every non-immigrant or immigrant visa in the United States, there are eligibility criteria and requirements that qualify an individual or a multinational corporation to apply for the EB-1C visa:

Multinational Managers Requirements

  • The applicant must currently hold a managerial position in a foreign company, while the new U.S. employment must also be as a manager.
  • The managerial position held and being employed for includes overseeing other employees and making important decisions in the organization.
  • Prove continuous employment history for at least one year with the same multinational employer or an affiliate.
  • This one year should be focused on managerial duties and be within the three years leading to the EB-1C visa application.
  • The foreign employer and the intending U.S. employer must share a relationship to qualify. Be it an affiliate, branch, parent company, subsidiary, etc.
  • The U.S. and foreign employers have to be legitimate businesses of the same or similar nature.
  • Detailed description of the responsibilities of the managerial position to be filled must be provided.
  • An illustration of the U.S. employer’s hierarchy will be provided to USCIS, helping to understand the placement of the managerial position.
  • Optionally, letters of recommendation from senior or junior colleagues and coequals can help with the processing.
  • Also, proof of financial success of both foreign and U.S. employers can help strengthen the case.

Multinational Executives Requirements

  • An executive should hold a high-level position in the corporation with documents as proof. Such as the Chief Executive Officer (CEO), Chief Financial Officer (CFO), Chief Operating Officer (COO), President, etc.
  • They must have significant authority in the organization and can make critical decisions.
  • The applicant must possess a track record of effective leadership that has contributed to the organization’s success one way or the other.
  • Experience and expertise in the field of operations that matches the position they occupy.
  • It is crucial for executives applying for EB-1C visas to have been involved in the corporation’s international business.
  • The executive’s transfer must be to the same organization in the U.S. or an organization that has a qualifying relationship. Qualifying relationships include being a parent company, an affiliate, a branch, a subsidiary, etc.
  • The U.S. employer must have sustainable business operations already ongoing.
  • The employment or transfer of the executive to the U.S. employer should be due to a need for an individual with the executive’s expertise or skills.

Multinational Corporation Requirements

  • The U.S. employer must have documents proving a qualifying relationship with the foreign employer. Qualifying relationships include being a parent company, an affiliate, a branch, a subsidiary, etc.
  • The U.S. employer must have sustainable ongoing business operations.
  • The foreign and the U.S. employer must prove the legitimacy of business and operations.
  • The transfer of the manager or executive must be due to a need for an individual with the applicant’s skills and leadership.
  • The multinational company must have a substantial presence in both countries.
  • A detailed illustration of the U.S. and foreign company’s hierarchy will be provided to USCIS.
  • Submitting financial statements of both the U.S. and foreign entities could benefit the processing.

Listed above are general qualifications for executives, managers, and corporations looking to apply for the EB-1C visa. However, there may be unique requirements particular for some positions, industries, or organizations. You chat on WhatsApp with our immigration attorney to help figure such out to the littlest detail.

How to Apply for the EB-1C Manager or Executive Visa

As it is with all U.S. visa applications, it is vital to pay attention to details throughout the process. A tiny misstep could alter the decision on approval or denial from the USCIS after application review.

Here, we attempt to provide a step-by-step guide on the application process for the Manager or Executive Visa.

  1. Confirm Eligibility: Both the applicant and the U.S. employer should confirm that they qualify as multinational corporations and multinational executives or managers before applying for the EB-1C visa.
  2. Job Offer: The employer will offer the executive or manager a job in the United States.
  3. Gather Documentations: All necessary documents should be collated by all involved parties. Some of the documents required are highlighted in the Requirements section above.
  4. Complete Form I-140 (Immigrant Petition for an Alien Worker): The form helps to capture detailed information on the applicant (manager or executive), the multinational corporation, and the U.S. job.
  5. Pay Filing Fees: Pay your Form I-140 filing fees online as stipulated by the latest USCIS fee schedule.
  6. Submit Form I-140 to USCIS: Submit the completed Form I-140 and other supporting documents to USCIS for review. It is to be submitted physically, so ensure that USCIS receives the documents.
  7. Receive Receipt Notice from USCIS: USCIS will issue a receipt notice affirming that they have received the documents sent for the EB-1C visa petition.
  8. USCIS Processing and Feedback: The petition will be reviewed and a decision will be issued upon conclusion. Applicants can track the petition status with the receipt number on the receipt notice via the website.
  9. Visa Application Processing: If the EB-1C visa petition is approved, the National Visa Center processes the visa application. Note that there may be additional documentation and fees required. Additional documents include medical examination results, etc.
  10. Consular Interview: The manager or executive applying is expected to visit a consulate or U.S. embassy in their country for an interview with the consular.
  11. Visa Issuance: If the process is successful, the applicant will be issued the EB-1C visa.

Related Read: How to Immigrate to the USA Without a Job Offer

Seek the help of seasoned immigration professionals who have gone through this process on countless occasions and in various unique cases.

Processing Time and Waiting Period for the EB-1C Visa

The Multinational Manager or Executive Visa is considered a “first preference” employment visa. This means qualified applicants are more likely to be approved, but the waiting time is difficult to predict, as it can vary. Visas are issued in the order the applications are received, so there may still be a long waiting period.

Factors that may affect the processing time include but are not limited to:

  • Sometimes, USCIS can issue a Request for Evidence (RFE) asking for more documents to help solidify the claims of already submitted documents. That process and responding to the RFE could elongate the processing time.
  • USCIS’s workload could also affect the processing and waiting period.
  • The consular at the U.S. Embassy or consulate may also request further documentation.
  • The USCIS may issue a Request for Evidence (RFE) seeking additional documentation to support the application. Responding to an RFE can extend the processing time.
  • Premium Processing options are available for an additional fee to hasten the USCIS review to within 15 calendar days. Note that this does not affect the consular processing timelines.

To avoid unnecessary back and forth, you may need the book an appointment with an immigration attorney. Since they have worked with several cases, they can help file the documents properly, reduce errors and, the length of the processing time.

Opportunities for the EB-1C Visa Holder’s Family

  1. The spouse and unmarried children under age 21 may apply for an EB-1C dependent visa.
  2. If the application is approved, they can accompany the principal EB-1C visa holder to the U.S.
  3. The spouse of the manager or executive on an EB-1C visa may be eligible for work authorization.
  4. Unmarried children under the age of 21 of an EB-1C visa holder are allowed to school in the country.
  5. The visa holder and accompanying family members can access healthcare, enroll in insurance, etc.
  6. The spouse and unmarried children under the age of 21 of an EB-1C visa holder can travel freely in and out of the U.S.
  7. An EB-1C visa holder can choose to apply for lawful permanent residency (green card) at any time, and their family members may also be eligible.
  8. Usually, after five years of holding a green card, the visa holder and family can apply for U.S. citizenship.

Contact CFUIS – EB-1C Manager or Executive Visa Lawyer

The process can be confusing, so your chances of getting approved are higher with an immigration lawyer who has been through the process before.

Call us today at 813-298-7222, chat on WhatsApp, email us, fill out our contact form, or schedule an appointment.