The EB-1C program allows certain multinational executives and managers, as well as certain foreign investors, to obtain their Green Card status through a special “fast-track” adjudication process that may cut normal waiting times in half.

Typically, this Green Card program is utilized by executives and managers holding L-1a or E-2 status in the United States, but the program is not restricted exclusively to this class. And not only is the processing times for this special program fast, but the government has also eliminated the burdensome requirements of labor marketing testing, recruitment and newspaper ads – these are simply not needed in the EB-1C program. The benefits of qualifying under this option are many.   

The lawyers at Visa Law Group regularly help multinational executives, managers and investors, as well as international companies, prepare and file immigrant petitions under the EB-1C program. Our past and present clients include, for example:

• Business Executives and Technical Managers in multinational media companies;
• Researchers and Scientists holding managerial or executive positions in biotechnology and engineering companies;
• Investment and Financial Management Executives transferring to a permanent position with a U.S. parent company;
• Engineers and technical service professionals in managerial positions, rotating from Russian, South Korean, Taiwanese and Japanese companies to a permanent position with a branch office in the United States; and
• Sales and Marketing managers, permanently transferred from Canadian parent companies to a U.S. subsidiary. 

Key Factors

To be considered for the EB-1C program, the executive, manager or investor must satisfy a multipart test: 

1. Qualifying Business Relationship

First, the must be a qualifying ownership relationship between a United States company AND an overseas office or company. Qualifying relationships include a branch office, a subsidiary, or an affiliate. The key requirement is that one entity, either the U.S. or the foreign entity, must own at least 51% of the other, or maintain direct control over the other.

The rules that determine if a qualifying international corporate relationship exists under the EB-1C program are very complex, especially when applied to holding companies and joint ventures.  

2. Qualifying Employment

Assuming a qualifying relationship exists, we need to next examine the past and present employment of the applicant. It is important to understand that not every job qualifies for EB-1C consideration. Under the program, the alien must have worked in a qualifying management or executive position in the overseas company for at least one year AND he or she must demonstrate they will work in a qualifying management or executive position in the United States company. 

In fact, this program has very specific rules and definitions that need to be carefully applied to determine if a position qualifies for EB-1C classification. Many petitions filed under this program are denied by the government because the past and present employment does not qualify.

3. Qualifying Experience

In addition to examining the corporate relationships and the past and present positions, the EB-1C program also closely examines credentials of the alien applicant. In general, the applicant is expected to document the requisite education and training expected of a multi-national manager, executive or investor.

Filing Procedures

The immigrant petition is filed with CIS Regional Service Center and must be accompanied by highly credible and detailed supporting documentation establishing all of the EB-1C program qualifications. Normal processing time for a petition filed directly with the CIS is six to twelve months, but keep in mind that processing times vary from time to time and between the four CIS Service Centers.

When submitting the immigrant petition, the alien may elect to take advantage of the “concurrent” filing rules – this allows the joint filing of the Form I-485 Application for Adjustment of Status. Alternatively, the Applicant may skip the domestic I-485 process and instead request “consular processing” - which means that the last step of the permanent residence process will take place at a U.S. embassy or consulate overseas.  Determining the best filing procedures and strategies must be reviewed on a case-by-case basis in light of the facts.

Our Experience

The lawyers at Visa Law Group regularly help foreign professionals and overseas companies prepare and file immigrant petitions in this category. If you need legal advice or help with this immigrant visa, please feel free to contact us at Morris@VisaLawGroup.com