With this category’s many advantages, it’s no surprise that people from all over the world and from various industries seek to obtain an EB-1C green card.
Suppose you count yourself among these exceptional individuals. In that case, consider the EB-1C as your ticket to working in the U.S. permanently. Keep listening to have your questions answered via the EB-1C Visa Frequently Asked Questions.
How do you qualify for an EB-1C green card?
The EB-1C is reserved for the multinational executives and managers of multinational companies with a branch in the U.S. To qualify, you must prove that your position meets the requirements and that you have been working in the company’s foreign branch for at least one year before filing your petition.
How does the USCIS define an executive?
One of the main reasons for complications in the EB-1C process is failing to meet the position requirements. A multinational executive is defined as an individual who:
1. Directs the management of a major component of, or a function of the organization
2. Establishes goals and policies of the organization, component, or function
3. Exercises wide latitude in discretionary decision-making; and
4. Receives only general supervision or direction from higher level executives, board of directors, or stockholders.
How does the USCIS define a manager?
On the other hand, a manager must supervise several employees’ work to qualify. A multinational manager is defined as an individual who:
1. Manages the organization or a department, subdivision, function, or component of the organization
2. Supervises and controls the work of other supervisory, professional, or managerial employees or manages an essential function within the organization or a department or subdivision of the organization
3. Has the ability to hire and fire (or recommend those and other personnel actions) employees that are directly supervised, or if the individual does not supervise employees, functions at a senior level within the organizational hierarchy or concerning the function managed; and
4. Exercises direction over the day-to-day operations of the activity or function for which the employee has authority.
Many EB-1C complications arise when someone with a position, such as an individual account manager, attempts to apply. This position does not involve the supervision of a team, even though the title includes the word “manager”.
What does a multinational company look like?
Your employer must be an affiliate, subsidiary, or branch of the same company you have worked for in your home country. As such, your employer must be doing business in at least two countries, one of which must be the United States. Also, this branch must have been in business in the U.S. for at least one year before your EB-1C petition is filed.
Do I need to have an L-1A visa to qualify?
Fortunately, no required visa stands as a prerequisite to the EB-1C. However, qualifying for an L-1A visa may go a long way when arguing your case because the requirements for the L-1A are very similar to those for the EB-1C.
You also need to remember that, to qualify, you must have been employed with this company outside of the U.S. for at least one year within the three years leading up to your EB-1C filing. If you have spent the past 5 or 7 years working in the U.S. under L-1A status, you will not qualify for the EB-1C.
Do I need to be in the U.S. when I apply?
No, you can apply either inside or outside of the U.S.
Can I petition for the EB-1C if I have already petitioned for a different green card?
Yes. No regulations prevent you from filing a new petition for a different green card while another is being processed.
Do I need a PERM Labor Certification to qualify?
One of the great benefits of the EB-1 category is that this category does not require a PERM Labor Certification. This bypasses a relatively tricky process that involves recruiting U.S. workers to fill your position, thereby reducing your processing time by at least several months.
How often do I need to renew my EB-1C green card?
Your EB-1C will be valid for ten years. Afterward, you must file an I-90 Application to Replace/Renew Permanent Resident Card. This is a unique benefit because, for nonimmigrant visas, the applicant needs to file a new petition and essentially reapply for the visa. With the I-90, you are simply asking the USCIS to send you a renewed green card without needing to meet the qualifications again. If you would like to apply for U.S. citizenship, then you can do this after 5 years of holding the green card rather than renewing the green card.
Do I need a job offer to qualify?
Yes. Even though the EB-1C does not require a PERM Labor Certification, you need a valid job offer from a multinational U.S. employer for a qualifying executive or managerial position.
Who is the petitioner for an EB-1C?
Your sponsoring employer is the acting petitioner in an EB-1C case. This employer must file the petition on your behalf. You cannot do this yourself. Only the EB-1A, EB-2 NIW, and EB-5 permit the beneficiary to self-petition.
Which forms do I need For The EB-1C?
To apply for the EB-1C, you will need the following:
• I-140 Immigrant Petition for Alien Worker
• I-485 Application to Register Permanent Resident or Adjust Status (only if you are adjusting your status from within the U.S.)
• DS-260 Online Immigrant Visa Application (only if you are using consular processing)
How long does the I-140 processing take?
The processing time for the I-140 petition is usually more than seven months. However, this time period heavily depends on the caseload of the service center that is processing your petition.
How do evaluating officers review my petition?
The officer who reviews your petition will take a two-pronged approach to his or her evaluation. The first prong will determine if you have submitted enough evidence and completed your petition correctly.
The second prong is when the officer evaluates the submitted evidence to determine whether or not you meet the qualifications.
Is EB-1C premium processing available?
Yes, it is available as a limited service that is expanding. As of January 30, 2023, certain EB-1C premium processing applications will be accepted. If you have a pending Form I-140 that was filed under an EB-1C visa, then USCIS will allow premium processing.
What does consular processing involve?
Consular processing involves making an appointment with a designated U.S. consulate or embassy. Traveling to that embassy on the appointment date and participating in a one-on-one interview with a consular officer before being granted your EB-1C immigrant visa.
Why would I need to go through consular processing?
Consular processing is mandatory for anyone who is petitioning while outside the U.S. If you are inside the country, you can choose to use consular processing or adjust your status.
Which route is better: adjustment of status or consular processing?
The answer to this question depends on your immigration situation. Consular processing may seem more difficult, but it can be the cheapest and fastest path depending on embassy/consulate caseloads. This is because adjusting your status takes over a year. On the other hand, your appointment for your consular interview may be scheduled in a matter of months.
Consult your immigration attorney to determine which method best suits your particular case.
Is everyone subjected to an interview?
In the past, there have been many instances of green card applicants (especially EB-1 applicants) having their interview requirements waived. However, it is wise to anticipate an interview regardless of past situations.
What questions will the officer ask me at the interview?
During the interview, the officer will attempt to discern if your case is legitimate. You will be asked questions about your background, company, role in that company, what your plans are in the U.S., etc. The important thing is, to be honest with your answers. It is better to say that you don’t know an answer than to lie.
Remember that an evaluating officer has already approved your I-140 petition, but the interviewing officer can still deny your green card.
How does the USCIS define a priority date?
Your priority date is the day the USCIS receives your I-140 petition.
How can my priority date be considered current?
The Department of State releases a monthly visa bulletin that contains all of the most recent final action dates according to the type of green card and the beneficiary’s country of origin. When your priority date matches or passes the final action date in your section, the USCIS will consider your date as current, and a visa number will be available for you.
Are the dates for the EB-1C current right now?
One of the major benefits of the EB-1 category is that the final action dates are usually current for most countries. You can check the latest visa bulletin here to see which countries, if any, have wait times.
What are some common reasons for EB-1C denial or Rejection?
Some of the main reasons that might result in your EB-1C being rejected or denied are:
• Errors on your petition, such as missing, incomplete, inconsistent, or inaccurate information
• Issues with fee payment
• You have an extensive criminal background, or you have violated your immigration status in the past
• Your position does not meet the requirements
• Your qualifications are insufficient
• Your employer does not meet the requirements.
As promised, here’s some bonus information that you may not know about:
If you do not qualify for an EB-1C green card, consider either the EB-2 or the EB-3 as alternatives. You may qualify for the EB-2 if you hold an advanced degree or prove you have extraordinary ability in your field. If you have a bachelor’s degree or have a skilled or unskilled position, you may be able to apply for the EB-3.
Remember, however, that both the EB-2 (except the national interest waiver) and the EB-3 require your employer to obtain a PERM Labor Certification. This means that your employer will need to post job ads for your position to determine if any qualified U.S. workers are available. Not having to go through this process is one of the main benefits of the EB-1C.
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