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:

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.

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:

1. 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.
2. 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.

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.

For detailed information on the different types of EB-1 visas, refer to the following links:

• EB-1A Visa
• EB-1B Visa
• EB-1C Visa
• Frequently Asked Questions about different types EB-1 Visas

Please click the links below to learn the details about other work visas.

Immigrant Visas:

1. EB-1 Visas  (Employment-Based First Preference)
2. EB-2 Visas (Employment-Based Second Preference)
3. NIW ( National Interest Waiver) (EB2 NIW)
4. EB-3 Visas (Employment-Based Third Preference)
5. EB-4 Visas (Employment-Based Four Preference)

Non-immigrant Temporary Work Visas:

1. H-1B Visas (Workers in a specialty occupation)
2. R1 Visas (Religious workers)
3. P Visas ( Athletes, Artists, and Entertainers)
4. L-1A Visas (Intracompany transferees in managerial or executive positions)
5. L-1B Visas (Intracompany transferees in positions utilizing specialized knowledge)
6. TN Visas (North American Free Trade Agreement (NAFTA) temporary professionals from Mexico and Canada)

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.

After the visa/petition 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.