1. What are the requirements for an EB-1C visa?
The requirements for an EB-1C visa include having an executive or managerial position within a qualifying multinational company, having been in this role for at least one year within the three years preceding the filing of the petition, and owning at least a 50% stake in the company. The applicant must also demonstrate that he or she has the necessary qualifications and experience to oversee the operation of the company. Additionally, it is important to show that the applicant’s role with the company has had an international scope. Finally, applicants must prove that their presence in the United States is necessary for successful business operations.
2. What evidence do I need to provide to qualify for an EB-1C visa?
To qualify for an EB-1C visa, you must provide evidence that you will be employed in a managerial or executive role in the U.S. and have been employed in such a role for at least one of the three years prior to submitting your application. You must also demonstrate that you have the necessary qualifications and experience to perform the duties associated with the role. Additionally, you must provide evidence of the U.S. employer’s ability to pay your salary and benefits, as well as evidence of the employer’s intent to employ you on a permanent basis.
3. How long is the processing time for an EB-1C visa?
The processing time for an EB-1C visa depends on the individual case and which U.S. Citizenship and Immigration Service (USCIS) office is processing the application. The usual processing time ranges from six months to one year.
4. What are the benefits of applying for an EB-1C visa?
Benefits of an EB-1C visa include the ability to live and work in the United States, eligibility to apply for permanent residency (green card), and the opportunity to bring family members to the United States. Additionally, applicants for an EB-1C visa may be eligible for expedited processing. Other benefits include the ability to travel in and out of the US, access to all public benefits (including Social Security and Medicare), and potential for future citizenship.
5. Are there any restrictions to my travel while on an EB-1C visa?
Yes, there are certain restrictions on travel while on an EB-1C visa. For example, you must maintain your nonimmigrant status in the U.S., meaning that you must not stay longer than six months in any 12-month period. Additionally, you must maintain a residence abroad as your primary home; otherwise, you may be deemed to have abandoned your status and may be subject to removal from the U.S. Finally, you are not permitted to work in the U.S. for a company other than the one that sponsored your EB-1C visa.
6. Can I apply for an EB-1C visa if I have been previously denied a green card?
Yes, you can still apply for an EB-1C visa even if you have been previously denied a green card. However, it is important to understand that having a prior denial does not guarantee approval for an EB-1C visa, and your case will need to meet all of the requirements in order to be approved.
7. Do I need to meet a certain salary requirement to be eligible for an EB-1C visa?
Yes, you must show that you have been employed abroad in an executive or managerial capacity for at least one year within the last three years and that you are coming to the United States to continue in an executive or managerial position with your current employer. Additionally, your salary must be sufficient to qualify as an executive or managerial position. Generally, the minimum salary requirement for the EB-1C visa is $100,000 per year.
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. However, there is an annual limit on the number of green cards issued for this category. The annual limit for 2020 is 7.1 percent of the total number of visas available for all employment-based categories.
9. How much does it cost to apply for an EB-1C visa?
The cost to apply for an EB-1C visa is the same as for any other immigrant visa category: a filing fee of $345 and a biometric services fee of $85. You may also have to pay additional fees associated with the visa application process such as medical exams, translation services, and attorney fees.
10. How many US employers do I need to have in order to be eligible for an EB-1C visa?
There is no specific number of employers required in order to be eligible for an EB-1C visa. However, the employer must be a U.S. employer with an organizational structure that is suitable for managerial or executive employment and must have a qualifying relationship with the foreign entity.
11. How long can I stay in the US with an EB-1C visa?
You may stay in the US with an EB-1C visa indefinitely, as long as you remain employed in the company that sponsored your 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. However, you must meet the requirements for this visa category, which includes having a job offer from a qualifying US company that has been in existence for at least one year and is owned by a foreign corporation. Additionally, you must demonstrate extraordinary ability in a particular field to be eligible.
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. An EB-1C visa is a type of immigrant visa that allows executive and managerial personnel of a multinational company to immigrate to the United States. Once you obtain an EB-1C visa, you can apply for a green card through the adjustment of status process. This is done by filing form I-485, Application to Register Permanent Residence or Adjust Status.
14. Are there any restrictions on who can sponsor me for an EB-1C visa?
Yes, you must be sponsored by a U.S. employer. The applicant must also have been employed abroad for at least one year in the three-year period prior to admission to the U.S. as a lawful permanent resident. Additionally, the employer must have been doing business for at least one year as a U.S. employer, and the applicant must intend to continue employment with the same U.S. employer upon admission to the U.S. as a lawful permanent resident.
15. Does having prior criminal convictions disqualify me from applying for an EB-1C visa?
Yes, criminal convictions may disqualify you from applying for an EB-1C visa. The U.S. Citizenship and Immigration Services (USCIS) considers any conviction for a crime involving moral turpitude or a crime of domestic violence or similar type crime when evaluating the eligibility of an applicant for an EB-1C visa.
16. Are there any restrictions on what type of work I can do in the US with an EB-1C visa?
Yes, there are restrictions on what type of work you can do with an EB-1C visa. It must involve managerial or executive duties and the applicant must be employed by a qualifying organization. Additionally, the position must be permanent and full-time.
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. The primary applicant must be at least 21 years old and the beneficiaries must be at least 18 years old.
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. Your immediate family members, such as your spouse and children, are eligible to accompany you.
19. Can I bring my family members with me when I travel to the US on my EB-1C visa?
Yes, your family members may travel with you to the United States on derivative visas. Depending on their relationship to you, they may be eligible for an EB-2 or EB-3 visa.
20. Do I have to learn English before I can apply for an EB-1C visa?
No, you do not need to learn English before you can apply for an EB-1C visa. However, proficiency in English can be beneficial during the application process, as some forms and documents will need to be completed or filed in English.