Overview of the EB-1C Visa

The EB-1C visa is a prevalent immigration option for entrepreneurs and senior executives seeking to manage businesses in the United States. A thorough understanding of the eligibility criteria and application process for the EB-1C visa will enable investors and business professionals to prepare more effectively when submitting their applications.

What is the EB-1C Visa?

The EB-1C visa is an immigration visa designed for executives and senior managers of multinational companies who wish to transfer operations to the U.S. to manage a subsidiary.

Eligibility Criteria for the EB-1C Visa

Applicants must meet specific criteria to qualify for the EB-1C visa:

• The applicant must hold an executive or managerial position in both the foreign company and the U.S. subsidiary.
• The applicant must have worked in a managerial or executive role for the foreign company for at least one year within the past three years.
• The foreign company must be legally operational and financially viable, with a lawful transfer of capital abroad.
• The U.S. company must have a physical office and meet operational requirements.
• There must be a qualifying relationship between the foreign company and the U.S. entity, such as parent, subsidiary, branch, or affiliate.

Pathways to Obtain the EB-1C Visa

There are two principal pathways for obtaining the EB-1C visa for entrepreneurs and senior executives:

Transition from L-1A Visa to EB-1C

Senior executives and managers working in the U.S. under an L-1A non-immigrant visa seeking permanent residency may transition to an EB-1C visa. This process requires holding an L-1A visa and working in the U.S. for at least one year.

Direct EB-1C Visa Application

Investors may also apply directly for the EB-1C visa without first obtaining an L-1A visa.

Benefits of the EB-1C Visa

Possessing an EB-1C visa offers significant advantages to investors and their families:

• Permanent Residency: The applicant and their immediate family, including spouses and unmarried children under 21, gain permanent residency.
• Rights and Opportunities: The family can live and work anywhere in the U.S. and enjoy public benefits such as healthcare, education, and social security, excluding voting rights.
• Employment Opportunities: Employment opportunities are less restricted compared to foreign nationals working in the U.S.
• Pathway to U.S. Citizenship: After five years of permanent residency, the investor and their family may apply for U.S. citizenship, provided they fulfill certain conditions.

Differences Between EB-1C and L-1A Visa

While both visas cater to executives and senior managers, they have distinct differences:

L-1A Visa

• Intended for executives transferred from a foreign parent company to a U.S. entity.
• Requires at least one continuous year of experience prior to application.

EB-1C Visa

• Designed for senior managers with an established U.S. company operational for at least one year.
• Requires holding a senior executive or managerial position for a minimum of one year.

Process for Transitioning from L-1A to EB-1C

1. File Form I-140: Your employer must file the I-140 petition on your behalf. Although the EB-1C visa requires a job offer, it does not require the PERM labor certification.

2. Priority Date: The priority date is established once USCIS receives the I-140 petition. Check the U.S. Department of State's monthly visa bulletin to see if your priority date is current.

3. Adjustment of Status or Consular Processing: If residing in the U.S. on an L-1A visa, you may choose between adjusting status or applying through consular processing. Outside the U.S., only consular processing is available.

Required Fees

• I-140 filing fee: $75 (additional fees may apply).
• I-485 application fee: $4.
• Biometrics fee: $85.
• Visa application fee: $325.

Conclusion

The EB-1C visa provides substantial benefits for entrepreneurs and senior managers seeking U.S. residency. Understanding the eligibility and application process is crucial for successful preparation. For personalized guidance, consult immigration experts or legal professionals for the best support.