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USCIS Updates Policy Guidance for the “Sought to Acquire” Requirement Under the Child Status Protection Act
Release Date: 08/24/2023 We are updating the USCIS Policy Manual to clarify how we will apply the extraordinary circumstances exception to the “sought to acquire”
Keeping Families Together : Application for Parole in Place (NEW PIP August, 2024)
On June 18, 2024, the Department of Homeland Security (DHS) announced a key step toward fulfilling President Biden’s commitment to promoting family unity in the
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EB-1C Visa (EB-1C Green Card)
What is an EB-1C Visa?
Who qualifies for an EB-1C Visa?
The EB-1C visa is designed for multinational managers and executives who have been employed abroad by a multinational company and are being transferred to a U.S. office of the same company. This visa allows these individuals to come to the United States to manage and oversee the U.S. branch or subsidiary of the foreign company. To qualify for an EB-1C visa, applicants must meet specific requirements:
- Employment by a Multinational Company: You must have been employed by a multinational company for at least one continuous year in the three years immediately preceding the filing of your visa petition. The company can be a foreign firm, corporation, or other legal entity that operates in a foreign country.
- Executive or Managerial Role: You must have been employed in an executive or managerial capacity during your time with the multinational company. This can include roles such as president, vice president, director, or manager.
- U.S. Job Offer: You must have a job offer from a U.S. branch, subsidiary, affiliate, or parent company of the multinational employer. The U.S. job should be in an executive or managerial capacity.
- Continuing Employment: The U.S. job offer should involve the continued employment of the beneficiary in an executive or managerial role, and the position should be primarily for managing the company or a major component or function of it.
- Common Ownership and Control: The U.S. and foreign companies must have a qualifying relationship, typically involving common ownership and control, to establish their status as related entities.
- No Labor Certification: Unlike some other employment-based visas, the EB-1C does not require the employer to obtain a labor certification from the U.S. Department of Labor, which can streamline the application process.
- Business Operations: The U.S. branch or subsidiary of the multinational company must already be actively engaged in business operations.
The process of applying for an EB-1C visa involves filing Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). It’s important to provide documentation and evidence to demonstrate that both the foreign and U.S. entities meet the requirements for multinational executive or managerial roles.
For detailed information on the other types of EB-1 visa, refer to the following links:
USCIS Processing
The processing time for an EB-1C visa through U.S. Citizenship and Immigration Services (USCIS) can vary depending on several factors, including your country of origin, the specific USCIS service center handling your case, and the current caseload. Here is an overview of the general steps and processing times for an EB-1 visa through USCIS:
- Form I-140 Petition: The first step is to file an Immigrant Petition for Alien Worker (Form I-140) with USCIS. This form is typically filed by your U.S. employer, and it establishes your eligibility for the EB-1C category. USCIS will review the petition to ensure that you meet the eligibility criteria.
- Processing time: USCIS processing times for Form I-140 can vary but generally range from several months to over a year. You can check the USCIS website for current processing time estimates for your specific service center.
- Premium Processing (Optional): USCIS offers a premium processing service for certain visa categories, including the EB-1C. For an additional fee, USCIS will expedite the processing of your Form I-140 within 15 calendar days. Premium processing can significantly reduce the processing time.
Priority Date & Visa Bulletin
- Visa Bulletin: After USCIS approves your Form I-140, your priority date (the date of filing your petition) becomes important. You must wait for a visa number to become available based on the Visa Bulletin published by the U.S. Department of State. The availability of visa numbers depends on your visa category and country of chargeability.
Consular Processing
If the alien does not live in the U.S., they will have to submit:
- The DS-260 Immigrant Visa Application,
- Supporting documents, and
- Attend an interview with the U.S. Consulate in their country.
Upon approval, the alien will be able to enter the U.S. as a permanent resident.
Adjustment of Status
If the alien already lives in the U.S. they will have to submit a Form I-485 ( Application for Adjustment of Status). Upon approval, they will have permanent resident status in the U.S.
Important Links for Related Visas
Lnks for other related work visas.
Immigrant Visas:
Please click the link below to find out more about each type of temporary work visa.
- H-1B Visas
- R1 Visas (Temporary Religious workers)
- L-1A Visas (Intracompany transferees in managerial or executive positions)
- L-1B Visas (Intracompany transferees in positions utilizing specialized knowledge)
- TN Visas (Temporary professionals from Mexico and Canada)
Our Expertise and Services:
Assessing Eligibility: Our skilled attorneys and paralegals will evaluate your eligibility and guide you through the various options available to bring your family members to the United States. We talk in different languages for your comfort like English, Bangla, Hindi & Urdu.
Document Preparation: We assist you in gathering the required documentation, ensuring that all forms and supporting evidence are accurately completed and submitted in a timely manner.
Petition Filing: Our team will handle the preparation, filing, and tracking of your family visa petition, advocating for your loved one’s immigration rights at every step of the process.
Communication and Representation: We communicate with relevant immigration authorities on your behalf, responding to any requests for additional evidence or interviews, and providing legal representation throughout the proceedings.
Follow-up Assistance:
After the visa is approved, we offer guidance on the next steps, including adjustment of status or consular processing, to help your family members smoothly transition to life in the United States.
At Mehran Law, We understand the importance of keeping families together, no matter where they come from. Our dedicated team of experienced immigration attorneys and paralegals will be navigating the complex process of USA family visas, ensuring that you can bring your loved ones closer to you.
Immigration Law can vary from person to person and also be very complex. You should always contact an experienced immigration attorney before filing a petition or making a decision. Contact us at 470-800-9213 or [email protected] for a free consultation.