1. What qualifications are required for an EB-1C applicant?
In order to qualify for the EB-1C category, applicants must meet certain qualifications. These include:
• An offer of employment in the US in a managerial or executive capacity, and the applicant must possess the necessary qualifications to be eligible for the job.
• The applicant must have worked for the foreign company in a managerial or executive capacity for at least one year of the past three years.
• The applicant must demonstrate that the US employer has a valid qualifying relationship with their foreign business entity (such as being its parent or subsidiary).
• The applicant must demonstrate that the US employer is doing business and has been doing business for at least 1 year prior to filing the petition.
• The applicant must be able to provide substantial proof that they have sufficient experience, knowledge, education, and skills to make them a valuable employee in their proposed position.
2. How long can an EB-1C beneficiary stay in the U.S.?
An EB-1C beneficiary can remain in the U.S. for an indefinite period of time, as long as the individual’s visa is valid and he or she remains employed with the same qualifying employer.
3. What is the required investment that a company must make in order to petition for an EB-1C applicant?
There is no set investment requirement for an EB-1C applicant. However, a company must demonstrate that it has the financial ability to pay the prevailing wage for the occupation and to cover the reasonable costs of the employee’s relocation. Generally, the company must also demonstrate that it is well-established and has been in operation for at least one year prior to filing the petition.
4. What is the difference between an EB-1B and an EB-1C application?
An EB-1B application is for those classified as an “outstanding professor or researcher,” while an EB-1C application is for those classified as a “multinational executive or manager.” The requirements for each category are different. For example, the EB-1B requires that an applicant have an internationally recognized award or at least three years of teaching and/or research experience in a relevant academic field, while the EB-1C requires that an applicant have at least one year of experience in an executive or managerial position in the three years preceding the filing of the petition. Additionally, both categories require that the applicant have an offer of employment from a U.S. employer.
5. What evidence must be provided to demonstrate that the foreign company is closely affiliated to the U.S. employer?
The evidence required to demonstrate that the foreign company is closely affiliated to the U.S. employer will vary depending on the type of relationship between the two businesses. Generally, evidence such as ownership records, management and operational integration, contract agreements, financial records, and other documents showing the close relationship between the two companies will be required.
6. Can an EB-1C applicant be self-employed or do they need to be employed?
Yes, an EB-1C applicant can be self-employed. In order to qualify for an EB-1C visa, the applicant must demonstrate that they are a manager or executive of a company located outside the U.S., and that they are coming to the U.S. to work in a managerial or executive capacity for that same company. Self-employment would qualify as long as the applicant is able to demonstrate managerial or executive ability.
7. Are there any restrictions or limitations on the type of job that an EB-1C applicant may take in the U.S.?
Yes. To qualify for an EB-1C visa, the applicant must be a “manager” or executive of a company outside the U.S., and the job that they are taking in the U.S. must be with the same company or its affiliate. The job must also involve managerial or executive duties that are primarily managerial, professional, or essential to the efficient operation of the U.S. entity.
8. How long does it take to process an EB-1C application?
The processing time for an EB-1C application depends on the specific case and can be anywhere from 4 to 6 months.
9. Are there any special requirements for an EB-1C applicant’s spouse and children?
Yes. The spouse and children of the EB-1C applicant must demonstrate a qualifying relationship to the applicant, and must also demonstrate that they are admissible to the United States. The children must be unmarried and under 21 years of age. The spouse and children must also be included in the applicant’s immigrant visa petition.
10. Is there a maximum number of years that a beneficiary may stay in the United States through their employment with a U.S. employer?
No, there is no maximum number of years that a beneficiary may stay in the United States through their employment with a U.S. employer. However, the beneficiary may be subject to certain restrictions and conditions on their status, such as having to renew their employment-based visa periodically. Additionally, if their U.S. citizenship or permanent residency status changes, the length of their stay in the United States may also be affected.
11. What documents are needed to prove that a foreign national is a “manager” or “executive” as defined by the USCIS?
The documents needed to prove that a foreign national is a “manager” or “executive” as defined by the USCIS are the following:
-A statement from the employer attesting to the foreign national’s duties, title, and authority;
-A copy of the foreign national’s resume or curriculum vitae;
-Organizational charts that demonstrate how the foreign national fits into the organizational structure;
-Job descriptions for both the foreign national and key personnel working under him/her;
-Evidence demonstrating that the foreign national has authority over day-to-day operations of the organization or a department within it;
-Evidence of decision-making authority over personnel, capital expenditure budgets, and/or contracts; and
-Payroll records and/or other documents demonstrating the foreign national’s salary.
12. Can a company sponsor multiple EB-1C visa holders at once?
Yes, it is possible for a company to sponsor multiple EB-1C visa holders at once. The U.S. Citizenship and Immigration Services (USCIS) notes that a company can submit multiple petitions for same-time filing if it is in the best interests of the employer.
13. Can a company sponsor an employee who is currently outside of the United States?
Yes, a company can sponsor an employee who is currently outside of the United States. The company will need to file a petition with the United States Citizenship and Immigration Services (USCIS) to obtain an employer-sponsored visa for the employee.
14. Is there a minimum wage requirement for employees sponsored under the EB-1C visa program?
No, there is no minimum wage requirement for employees sponsored under the EB-1C visa program. However, employers must pay their foreign employees the prevailing wage rate for the occupation in the area of intended employment.
15. What are the filing fees associated with the petition for EB-1C classification?
The filing fees associated with the petition for EB-1C classification include a base filing fee of $345, an additional fraud prevention and detection fee of $500, and an American Competitiveness and Workforce Improvement Act of 1998 fee of $1,225.
16. How does one prove that they have performed executive or managerial duties abroad prior to arriving in the U.S.?
To prove that they have performed executive or managerial duties abroad prior to arriving in the U.S., an individual would need to provide evidence such as job offer letters, contracts, paystubs, and/or official performance evaluations from their former employer or supervisor to demonstrate their experience. Additionally, they may provide references from colleagues and/or clients they worked with abroad to further support their claim.
17. What is the difference between L-1 and EB-1C visas?
An L-1 visa is a nonimmigrant visa that allows foreign executives and managers to enter the United States to work in the same company of the same ownership as their foreign entity. They need to have worked abroad for at least one year out of the last three.
The EB-1C visa is an immigrant visa that allows foreign executives and managers to enter the United States to work in an employer’s affiliated entity. Unlike the L-1 visa, the individual does not need to have worked abroad for at least one year out of the last three. The individual must demonstrate their executive or managerial capacity.
18. How long must an employee have worked outside of the United States before they are eligible for an EB-1C visa?
Generally, an employee must have worked for the same employer outside of the United States for at least one year in the last three years prior to filing the Form I-140 Immigrant Petition for Alien Worker.
19. Will a foreign national who is sponsored by their company for an EB-1C visa be eligible for U.S. citizenship?
No, foreign nationals sponsored by their company for an EB-1C visa are not eligible for U.S. citizenship. In order to become a U.S. citizen, the foreign national must obtain a green card and meet all other U.S. citizenship requirements.
20. Does having an approved I-140 form guarantee the issuance of an immigrant visa or green card to the foreign employee/beneficiary?
No, having an approved I-140 form does not guarantee the issuance of an immigrant visa or green card to the foreign employee/beneficiary. The final step in the process is for the foreign employee/beneficiary to apply for and successfully receive an immigrant visa or green card.