U.S. Work Visa for Multinational Managers and Executives (EB-1C)

1. What is the eligibility criteria for the EB-1C visa?


The eligibility criteria for the EB-1C visa are as follows:

1. The petitioner must be a multinational executive/manager – that is, the individual must have been employed outside of the United States for at least one of the three years preceding the application.

2. The petitioner must be employed by a firm or corporation that is related to the U.S. employer, either as an affiliate, parent, subsidiary, or branch office.

3. The U.S. employer must have been doing business for at least one year prior to the filing of the petition.

4. The petitioner must be entering the U.S. to render services in a managerial or executive capacity to the U.S. employer.

5. The petitioner must be coming to the U.S. with the intention of continuing to work in a managerial or executive capacity for the same employer who sponsored his/her EB-1C visa petition.

2. How do I apply for the EB-1C visa?


The EB-1C visa is an immigrant visa that can be applied for by a qualified executive or manager of a qualifying international company. To be eligible for this visa, the applicant must have been employed with the company for at least one year in the three years before applying, and must have been employed in a managerial or executive capacity. To apply, an individual must file Form I-140 (Petition for Alien Worker) with the U.S. Citizenship and Immigration Services (USCIS). Additionally, the employer must submit evidence that the applicant has managerial or executive duties, and that the company is a qualifying international business.

3. Are there any special requirements to qualify for an EB-1C visa?


Yes, in order to qualify for an EB-1C visa, the applicant must be a multinational executive or manager. The applicant must also be coming to the United States to work in an executive or managerial capacity for a branch of the same company or organization that employed them abroad. Additionally, the applicant must have been employed with the foreign company or organization for at least one year within the three years prior to their arrival in the United States.

4. How long can I stay in the US with the EB-1C visa?


The EB-1C visa allows a foreign executive or manager of a multinational corporation to enter and work in the United States for an indefinite period.

5. Can I bring my family with me to the US with the EB-1C visa?


Yes, you can bring your family with you to the US with the EB-1C visa. Your family members, who are eligible, may apply for US lawful permanent residence (green cards) along with you. Your family includes your spouse and unmarried children under 21 years old.

6. Can I change jobs while on an EB-1C visa?


Yes, you can change jobs while on an EB-1C visa. However, you must petition for a new labor certification and file a new I-140 form with U.S. Citizenship and Immigration Services (USCIS). You may also need to provide proof that the new job is related to your original job and that the new employer has the ability to pay the prevailing wage. Additionally, your employer must also provide a new offer letter that states your job title, salary, and other relevant details about the job.

7. How long does it take to get an EB-1C visa?


The processing time for an EB-1C visa varies depending on the case and the country of origin. Generally, it takes up to 6 months for the application to be processed and approved.

8. Is there a limit to the number of times I can renew my EB-1C visa?


No, there is no limit to the number of times a person can renew their EB-1C visa. However, it is important to remember that U.S. Citizenship and Immigration Services (USCIS) will evaluate each renewal request on a case-by-case basis to determine if the individual still meets all the requirements for the visa.

9. Are there any restrictions on where I can work while I’m on an EB-1C visa?


No, there are no restrictions on where you can work while on an EB-1C visa. You are free to work anywhere in the United States and your employer can be a U.S. company or a foreign-owned company with a qualifying branch, subsidiary, or affiliate in the United States.

10. Are there any tax implications associated with being on an EB-1C visa?


Yes, there are tax implications associated with being on an EB-1C visa. As a permanent resident of the U.S., you are required to file a U.S. federal income tax return. You may also be required to pay taxes in the U.S. on income earned outside of the U.S. Additionally, any family members who travel with you will also be responsible for filing and paying taxes in the U.S.

11. Can I apply for permanent residency while on an EB-1C visa?


Yes, you may be eligible to apply for permanent residency while on an EB-1C visa. However, it is important to note that a successful application for permanent residency can be difficult and the requirements may vary from case to case. Therefore, it is recommended to consult with an immigration attorney to ensure your application is in accordance with the relevant immigration laws and regulations.

12. What type of documents do I need to provide when applying for an EB-1C visa?


In order to apply for an EB-1C visa, you will need to provide various documents such as a valid passport, evidence of your employment as a manager or executive in the past three years, evidence of your employer’s qualification for the visa category, a current resume or CV, evidence of the company’s U.S. operations, and evidence of the company’s ability to pay your salary. Additional documents may be required depending on your individual circumstances.

13. How much does it cost to apply for an EB-1C visa?


The petition fee for an EB-1C visa is currently $701. Additional fees may apply, such as for consultation services or immigration attorney fees.

14. Is a labor certificate required for an EB-1C visa application?


Yes, a labor certification is required for an EB-1C visa application.

15. What is the difference between an immigrant and a non-immigrant EB-1C visa?


An immigrant EB-1C visa is a permanent residence visa for a foreign national who has been sent to the United States by an international company to work as an executive or manager. The foreign national must have been employed abroad by the same company for at least one year within the past three years prior to coming to the United States.

A non-immigrant EB-1C visa is a temporary visa for a foreign national who has been sent to the United States by an international company to work as an executive or manager. The foreign national must have been employed abroad by the same company for at least one year within the past three years prior to coming to the United States. The primary difference between an immigrant and non-immigrant visa is that with a non-immigrant visa, the foreign individual does not intend to remain in the U.S. permanently and will likely return to their home country after their employment ends.

16. What is the minimum salary requirement for an EB-1C visa application?


The minimum salary requirement for an EB-1C visa application is the higher of the prevailing wage or the actual wage paid to other individuals with similar experience and qualifications for the specific employment in question.

17. What types of jobs are eligible for an EB-1C visa application?


EB-1C visas are for multinational executives or managers. It is available for those who have been employed for at least one of the three preceding years by a firm or corporation and who seek to enter the United States to continue service to that firm or organization. Eligible jobs include, but are not limited to, senior executive, director, or manager positions in marketing, finance, human resources, production, and information technology.

18. Is there a time limit to submit my documents and applications once I have applied for an EB-1C visa?


Yes, the USCIS requires all supporting documents and applications to be submitted within one year of the filing date of the Form I-140.

19. Are there any restrictions on how long I can stay in the US with my EB-1C visa?


No, there are no restrictions on how long you can stay in the US with your EB-1C visa. The visa allows you to stay in the US indefinitely as long as you maintain your status.

20. What happens if my application for an EB-1C visa is denied or delayed?


If your application for an EB-1C visa is denied or delayed, you may request a review of the decision by filing a motion to reconsider or reopen. The request should explain the reasons why the decision should be reversed or why the delay should be eliminated. You may also appeal the decision to the Board of Immigration Appeals (BIA).