1. What are the requirements for an EB-1C visa?
To qualify for an EB-1C visa, the individual must:
1. Have been employed outside the United States in a managerial or executive capacity for one year in the last three years by a U.S. employer;
2. Be seeking to enter the U.S. to render services in a managerial or executive capacity for the same employer or a subsidiary or affiliate of that employer;
3. Have the same employer or its subsidiary or affiliate file a Form I-140, Immigrant Petition for Alien Worker, on the individual’s behalf; and
4. Meet all other eligibility requirements set forth in the Immigration and Nationality Act (INA).
2. What evidence do I need to provide to qualify for an EB-1C visa?
In order to qualify for an EB-1C visa, you will need to provide evidence that you are a managerial or executive position in a company outside of the United States, and that you are being transferred to the United States. The evidence you will need to provide includes proof that you have been employed abroad for at least one of the three preceding years in a managerial or executive capacity, such as a copy of your employment contract, pay stubs, job title, or any other relevant supporting documents. You will also need to provide evidence of the relationship between your current employer abroad and the U.S. employer that is transferring you to the U.S., such as ownership documents, business licenses, and copies of any existing contracts. Finally, you will need to provide evidence that you have the necessary qualifications and experience to fulfill the role of a manager or executive in the U.S. company, such as diplomas, references from previous employers, and other documents that demonstrate your professional experience.
3. How long is the processing time for an EB-1C visa?
The processing time for an EB-1C visa can take up to nine months or longer. The time it takes to process a visa application depends on the applicant’s individual circumstances, the current workload of the visa office handling the application, and other factors.
4. What are the benefits of applying for an EB-1C visa?
The main benefits of applying for an EB-1C visa include:
• Permanent residence in the United States
• No labor certification requirement
• Priority processing of application
• Potential to obtain permanent residence for immediate family members as derivatives
• Employment authorization for the principal applicant and his/her derivatives
• Possibility to become a U.S. citizen after five years of residency
5. Are there any restrictions to my travel while on an EB-1C visa?
Yes. Generally, you are not allowed to leave the U.S. for extended periods of time without first obtaining a re-entry permit from USCIS. Additionally, you must be employed in a managerial or executive capacity at least 50% of the time. Finally, if you remain out of the U.S. for more than one year, your EB-1C visa status may be revoked.
6. Can I apply for an EB-1C visa if I have been previously denied a green card?
No. The EB-1C visa category is for eligible executives and managers of multinational companies who are coming to the United States to work in a managerial or executive capacity. An individual who has already been denied a green card is not eligible for an EB-1C visa.
7. Do I need to meet a certain salary requirement to be eligible for an EB-1C visa?
Yes, you must meet the salary requirement for the position that you are seeking. You must also establish that the salary is consistent with what other U.S. employers are paying for similar positions in the geographic area of intended employment.
8. Is there an annual limit on the number of EB-1C visas issued each year?
No, there is no annual limit on the number of EB-1C visas issued each year. The EB-1C category is an employment-based immigrant visa category and is not subject to numerical limitation.
9. How much does it cost to apply for an EB-1C visa?
The filing fee for an EB-1C visa petition is $580. Additionally, if the applicant is applying for Employment Authorization Document (EAD), the additional fee for EAD is $410. If the applicant is applying for a travel document, the additional fee for the travel document is $575. The filing fee for a dependent family member of the primary applicant is $120.
10. How many US employers do I need to have in order to be eligible for an EB-1C visa?
There is no set number of U.S. employers you need to have in order to be eligible for an EB-1C visa. Your employer must meet the criteria and requirements of the U.S. Citizenship and Immigration Services (USCIS) in order to qualify. The employer must have a qualifying relationship with an entity that has been doing business in the United States for at least one year, and must be able to show that it has the ability to pay the wages of the immigrant employee.
11. How long can I stay in the US with an EB-1C visa?
You can stay in the US permanently with an EB-1C visa.
12. Can I extend my stay in the US with an EB-1C visa?
Yes, you can extend your stay in the US with an EB-1C visa. Your Form I-129 must be approved and you must have proof of continued employment by the sponsoring company in order to be eligible for an extension.
13. Can I apply for permanent residence after obtaining an EB-1C visa?
Yes, you can apply for permanent residence after obtaining an EB-1C visa. U.S. Citizenship and Immigration Services (USCIS) will consider your application for an EB-1C visa as an application for permanent residence and evaluate your application based on the criteria outlined in the relevant immigration regulations. In most cases, you must also file a separate application for adjustment of status to become a lawful permanent resident.
14. Are there any restrictions on who can sponsor me for an EB-1C visa?
The only restriction on who can sponsor an EB-1C visa is that the employer must have been doing business in the United States for at least one year.
15. Does having prior criminal convictions disqualify me from applying for an EB-1C visa?
Unfortunately, having criminal convictions does not necessarily disqualify you from applying for an EB-1C visa. However, depending on the type and severity of the conviction, it could affect your eligibility. The U.S. Citizenship and Immigration Services (USCIS) will consider the details of the conviction when evaluating your application.
16. Are there any restrictions on what type of work I can do in the US with an EB-1C visa?
Yes. Your work must be in a managerial or executive capacity and must be for the same employer that is sponsoring you. Additionally, there are certain salary requirements that must be met in order to qualify for an EB-1C visa.
17. Are there any age limits when applying for an EB-1C visa?
Yes, there are age limits when applying for an EB-1C visa. Generally, the principal applicant must be at least 21 years of age when filing the petition. Although there is no upper limit, they must be able to demonstrate that they have been employed in an executive or managerial capacity for at least one year in the three years prior to filing the petition.
18. Is there any limit on the number of family members who can accompany me with my EB-1C visa?
No, there is no limit on the number of family members who can accompany you with your EB-1C visa. However, each family member must meet the same eligibility criteria as you and have their own EB-1C visa application.
19. Can I bring my family members with me when I travel to the US on my EB-1C visa?
Your family members may be eligible to accompany you in the United States as derivatives of your EB-1C visa. Your spouse and unmarried children under the age of 21 may apply for an EB-2 derivative visa. Your family members must demonstrate a strong relationship to you, such as being a legal husband or wife or child, in order to be eligible.
20. Do I have to learn English before I can apply for an EB-1C visa?
No, you do not have to learn English to be eligible for an EB-1C visa. However, you must demonstrate that you have sufficient knowledge of the English language in order to be able to successfully manage and direct the operations of an organization or entity in the United States.