1. Who is eligible for the EB-1C green card?
The EB-1C green card is available to foreign executives and managers of multinational companies who have been employed by the company for at least one year in the three years prior to filing the petition. The company must be either a US employer that has a qualifying relationship with a foreign entity, or a foreign employer that has a qualifying relationship with a US employer. To qualify, the foreign national must have been employed outside the United States in an executive or managerial capacity for at least one year in the three years prior to filing the petition.
2. What are the requirements to qualify for the EB-1C green card?
In order to qualify for the EB-1C green card, an individual must be employed by or have a qualifying relationship with a multinational company, and must have held an executive or managerial position for a period of at least one year in the three years prior to the application. The individual must also be coming to the U.S. to work in an executive or managerial position for a branch, affiliate, or subsidiary of the same company that employed them abroad.
Additionally, the applicant must demonstrate that they possess extraordinary ability in their field of endeavor, that their proposed job requires such ability, that their employer has the capacity to pay them the required wages, and that their admission into the U.S. will not adversely affect U.S. workers.
3. What is the processing time for an EB-1C green card?
The processing time for an EB-1C green card varies depending on the case and the specific circumstances of each individual. Generally speaking, the processing time can take anywhere from a few months to several years.
4. What is the minimum salary required to qualify for an EB-1C green card?
There is no minimum salary requirement to qualify for an EB-1C green card. However, the petitioner must have a managerial or executive role within the organization and demonstrate they have the ability to control the direction of the organization.
5. Does a petitioner need an employer to file an EB-1C petition?
Yes, a petitioner must have an employer to file an EB-1C petition. The employer must be a U.S. entity that is owned and controlled by the foreign company and have a qualifying relationship with the foreign company. The employer must also show that the petitioner has been employed in an executive or managerial capacity for at least one of the three years preceding the petition’s filing date.
6. How long does an approved EB-1C green card last?
An approved EB-1C green card is valid for 10 years. After 10 years, you will need to renew your green card by filing Form I-90 (Application to Replace Permanent Resident Card) with U.S. Citizenship and Immigration Services (USCIS).
7. What qualifications are needed to obtain an EB-1C green card?
In order to obtain an EB-1C green card, the applicant must demonstrate that they have been employed outside of the U.S. for at least one year in the past three years and have been employed in a managerial or executive capacity. In addition, the applicant must show that they are transferring to the U.S. to continue working for an affiliated employer in a managerial or executive capacity.
8. Does the petitioner need to demonstrate their ability to manage the US business?
Yes, petitioners must demonstrate their ability to manage the US business by providing evidence of past success or experience in similar activities. This can include resumes, financial documents, and letters of recommendation. The USCIS also considers whether the petitioner has the necessary capital and resources to start and maintain their business in the United States.
9. What evidence must be submitted with the petition to demonstrate that the petitioner qualifies as a “manager” or “executive” under the terms of the EB-1C category?
In order to demonstrate that the petitioner qualifies as a manager or executive under the terms of the EB-1C category, the petitioner must submit evidence such as a description of their job duties, their current position within the company, and a copy of their current job offer or contract. Additionally, they must also provide evidence that they meet the minimum educational qualifications, have a minimum of three years of experience in the same field, and are employed in a managerial or executive capacity. This evidence can include official transcripts from an accredited institution, letters from former employers, salary records, and professional references.
10. How can a petitioner demonstrate that their role is necessary for the US business operation?
A petitioner can demonstrate that their role is necessary for the US business operation by providing evidence of their qualifications, experience, and expertise as related to the business’s operations. This can include resumes, references, or other documents that demonstrate the petitioner’s ability to fill the role. Additionally, the petitioner can provide evidence of the business’s need for their services, such as contracts, job descriptions, or other documents that demonstrate the necessity of their role in the business’s operations.
11. Are there any restrictions on where a petitioner can work after receiving an EB-1C green card?
Yes, there are some restrictions on where a petitioner can work after receiving an EB-1C green card. The petitioner must continue to work in the same managerial or executive capacity for the same employer or a related entity that sponsored their green card. Additionally, the petitioner must spend at least one year working in the U.S. before they can move to a different employer or change positions within the same employer.
12. Does a change in job title or duties require filing a new petition?
Yes, a change in job title or duties requires filing a new petition.
13. Is it possible for a family member to receive a derivative green card under an approved EB-1C petition?
Yes, it is possible for a family member to receive a derivative green card under an approved EB-1C petition. A derivative green card can be obtained by the immediate family members (spouse and unmarried children under the age of 21) of the principal beneficiary.
14. Can a person file for an EB-1C green card without working through their own company?
Yes, a person can file for an EB-1C green card without working through their own company. Generally, the person would need to prove that they have been employed by the same company overseas for at least one year and have been employed in a managerial or executive capacity for the same company for at least three of the past five years. The company must also have an office in the United States.
15. Are there any restrictions on the type of business in order to qualify for an EB-1C green card?
Yes, to qualify for an EB-1C green card, the business must have been established as a legal business entity in the US for at least one year before the filing of the I-140 petition. In addition, the business must have employed at least 10 full-time, qualifying employees in the US and have had a minimum of $500,000 in sales or revenue in the past 12 months.
16. Is it possible to extend an approved EB-1C green card beyond its initial term?
Yes, it is possible to extend an approved EB-1C green card beyond its initial term. However, the extension must be done in a timely manner and the green card holder must still have an ongoing managerial or executive role with the same qualifying employer. Additionally, the green card holder must provide proof that their role continues to meet all EB-1C requirements.
17. Are there any limits or quotas for individuals who are eligible to receive an EB-1C green card?
Yes. The EB-1C category is subject to an annual limit of 7.1 percent of the worldwide level of employment-based immigrant visas. Additionally, no more than 25,000 visas can be issued in a single fiscal year.
18. Is it possible to have dual intent when filing an EB-1C petition and applying for a green card?
Yes, it is possible to have dual intent when filing an EB-1C petition and applying for a green card. Typically, the foreign national employee and employer file a petition for an Employment-Based Immigrant Visa (EB-1C) as well as an application for Permanent Residence (green card) simultaneously. The same petition can be used to apply for both.
19. Does having a criminal record affect eligibility for an EB-1C green card?
Having a criminal record may impact the eligibility for an EB-1C green card. The U.S. Citizenship and Immigration Services (USCIS) requires that the applicant have a favorable moral character in order to be eligible to apply. Criminal history could be a potential factor when considering moral character and could lead to an inadmissibility finding and denial of the application.
20. Is it possible to obtain permanent residence in more than one country through an approved EB-1C petition?
Yes, it is possible to obtain permanent residence in more than one country through an approved EB-1C petition. However, each country may have different requirements and procedures for obtaining permanent residence.