What is the EB-1C visa?

The EB-1C visa is a non-immigrant visa classification in the United States designed for multinational managers or executives being transferred to the US to work in a similar role within the same company or its subsidiary. This is one of the three types of EB-1 first preference visa categories of the employment-based immigration type.

This visa not only allows these individuals to enter and work in the US but also provides a pathway to potentially becoming lawful permanent residents (obtaining a green card).

Who is eligible for an EB-1C visa?

To be eligible for an EB-1C visa, the applicant must meet three specific criteria:

• Employment requirement: Have been employed outside the United States for one or more of the three years prior to applying for the visa or before their last entry into the country
• Position: Be employed in a senior-level position. This is defined as having the authority to hire and fire or supervise and control the work of other mid-level, managerial employees
• Employer: The US employer must be a firm, corporation, or other legal entity, or an affiliate or subsidiary thereof, and must have been doing business for at least one year. Freelancing or doing consultancy work on a zero-hours basis would probably not qualify

Note that there are no restrictions on the type of business or role, so long as it meets the above three criteria.

See also: How to Get a US Work Visa for a Foreign Worker

How does the EB-1C visa benefit a multinational company?

The EB-1C visa offers several benefits to global firms by permitting employees from overseas to live and work in the US:

• Consistency in leadership: Ensures that the company’s global standards, practices, and leadership are consistent across all locations
• Knowledge sharing: Facilitates the sharing of expertise and knowledge across borders, contributing to the strategic alignment and success of the business
• Enhanced oversight: Allows senior executives and managers from abroad to oversee day-to-day operations in the US, ensuring that corporate goals are met effectively

For smaller companies, it allows them to draw upon a much larger pool of international talent and incentivizes better candidates to apply for senior roles.

What is the EB-1C visa application process?

Obtaining an EB-1C visa involves several steps:

Step 1: Filing form I-140: The US employer must file a Form I-140, Petition for Alien Worker, with US Citizenship and Immigration Services (USCIS). Step 2: Supporting documentation: The petition should include:

• Evidence of the US company’s qualifications (including its articles of incorporation)
• Proof of the managerial or executive role (such as an organizational chart)
• Evidence of applicants qualifications for the position
• Additional documentation (see below)

Step 3: Consular processing: Once the I-140 is approved, the applicant can apply for the visa at a US consulate or embassy in their home country.

The employer can obtain a copy of the company’s articles of association, which includes the names of its directors and where and when it was founded, from the office of the US Securities and Exchange Commission (SEC). They have a free, searchable database.

See also: Application Guide for Enterprise Employee Visas

What are the fees for an EB-1C application?

There are two fees related to filing an EB-1C application. The main filing fee of $715 that accompanies form I-140 should be covered by the employer when they file.

Premium filing, which reduces the processing time to 10-15 days, is available for $2500.

There is also an Immigrant Fee of $235 payable by the applicant.

Should the applicant need to adjust their status and obtain a green card, the I-485 process carried a filing fee of $1440 at time of writing.

What additional documents must the employer file?

The downside of an EB-1C visa application is the somewhat onerous burden it places on the sponsoring employer in terms of providing documentation. Here is the full list of documents regularly requested by the USCIS (not all will apply in each case):

• Articles of association and business license
• Tax ID form (establishing tax account) (form SS-4)
• Any stock certificates
• Evidence of initial investment (for recently instituted companies) – bank statement or wire transfer
• Lease for business location (where the candidate will be working)
• Most recent audit report of accounts
• Corporate income tax return (form 1120)
• Quarterly federal tax returns (form 941)
• Commercial contracts, bills of lading, invoices, letters of credit (to establish legitimacy in the case of more recently established companies)
• Paper in the company letterhead with corporate logo, HQ address details etc
• Organizational chart showing structure and employee’s intended position
• Corporate brochure showing HQ exterior and interior, or photos of the same if this is not available
• Documents verifying validity of foreign affiliate (division the candidate is relocating from)

See also: A Guide for Enterprise Businesses: EOR Sponsored Visas

What differences are there between the EB-1C visa and other visas?

The EB-1C visa is distinct from other employment-based visas such as the EB-2 or EB-3 in several ways.

Firstly, it has a different target group. The EB-1C is specifically aimed at multinational managers or executives. Secondly, it does not require labor certification, unlike most other employment-based visas. Instead, the onus is placed upon the employer to demonstrate they have a position suitable for a candidate of that caliber.

So long as the hiring company is legitimate, and the applicant has a guaranteed senior role to take up, they should be able to receive an EB-1C visa, provided the application process runs smoothly.

How can I demonstrate a qualifying relationship for an EB-1C visa?

One vital aspect of the EB-1C visa application process is that there must be a “qualifying relationship” between the foreign company and the US firm. This means that there must be a legitimate business link between the two entities.

This can take the form of one being a subsidiary or parent of the other, a branch, or an affiliate (sister) company. Examples of eligible relationships might include:

• Two offices of the same legal firm, based in different countries
• A secondary enterprise launched by a pre-existing firm
• Two firms, both of which are partnerships, with the same partners each having the same share in each entity but using a different brand name

To prove a qualifying relationship, the company must provide evidence such as:

• Tax records: Showing financial ties and business activities
• Organizational charts: Demonstrating the corporate structure and relationship between entities
• Corporate documents: Legal documents showing ownership and control

What are the challenges in an EB-1C visa application process?

The EB-1C visa application process can be challenging for several reasons.

Firstly, demonstrating that the applicant has been employed outside the US in a qualifying executive or managerial position for at least one year in the three years prior to the application can require the provision of employment contracts and other legal documents.

Secondly, the US company must provide significant documentation to show that it has been in business for at least one year. They must also demonstrate that the applicant will be employed in an executive or managerial capacity. This too can involve the provision of a significant amount of documentation.

It is advisable to begin the process many months prior to the intended start date. According to median application times published by USCIS, the I-140 application can take around 7 and months to complete, depending on when and where it is filed. However, premium filing is available, for an enhanced fee of $2500, which reduces processing times to an impressive 10-15 days.

How can I improve my EB-1C visa approval chances?

Requests for Evidence (RFEs) can be sent back by USCIS to require additional information and can slow down the process accordingly. To avoid this, it pays to prepare as thorough submission as possible in advance. Ensure all application materials are meticulously prepared, including job descriptions and organizational charts.

It is essential to engage legal assistance in the preparation of an EB-1C application. Engage with experienced immigration lawyers to navigate the visa application process effectively.

See also: How to Get the Best Global Talent for Your Startup With EOR Visa Sponsorship

Are there any restrictions on an EB-1C visa?

While the EB-1C visa offers many benefits, there are certain restrictions.

Firstly, the applicant must work in the specific managerial or executive role for the sponsoring employer. It would not be possible to take on a significantly less responsible role if the visa was granted for a more senior position.

Changing employers too may require a new visa application, although much will depend on the amount of time the applicant has spent on the role under the EB-1C visa. Consult a legal specialist with employment and immigration experience if you are uncertain if a move will endanger the candidates immigration status.

Can I bring my spouse and dependents to the US on an EB-1C visa?

Spouses and unmarried children under 21 of EB-1C visa holders can apply for E-14 and E-15 immigrant status, respectively. They are allowed to live and, in the case of spouses, work in the US by applying for an Employment Authorization Document (EAD).

See also: Worldwide Visa Support: Business Guide for Dependents

What is the EB-1C visa renewal process?

The EB-1C visa is part of the path to permanent residency, so rather than renewal, the focus is on adjustment of status.

Once in the US, the visa holder can apply for adjustment of status to become a lawful permanent resident and obtain a green card. They can do this by completing an I-485 form.

See also: Easy Visa Renewal: 4 Steps for Enterprise Workforce

Are there any potential legal and compliance issues?

It is crucial to maintain compliance with all immigration laws and regulations. Non-compliance can result in visa revocation and legal consequences for the employer.

Ensuring that the candidate performs the duties outlined in their application and maintaining accurate records is essential. Employers should keep all workplace appraisal documents and contracts where they can readily obtain them if a dispute arises.

That said, if the applicant is granted an EB-1C visa, they are in an excellent position to obtain a green card and become a US citizen should they and their family wish to live and work permanently in the country.

Fast-track the EB-1C visa process with Deel Immigration

Ready to navigate the complexities of the EB-1C visa? Visit Deel’s Immigration Services to learn how we can streamline the visa application process or schedule a call.

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