1. What is the processing time for the EB-1C visa?
The processing time for the EB-1C visa varies depending on several factors, such as the USCIS office that is processing your application and the complexity of your application. Generally, the processing time can range from 2 to 6 months. However, some cases may take longer due to backlogs and other reasons.
2. What is the filing fee for an EB-1C visa?
The filing fee for an EB-1C visa is $700.
3. Who is eligible for an EB-1C visa?
The U.S. Immigration and Nationality Act (INA) defines eligibility for an EB-1C visa as a qualifying executive or manager of a multinational company who has been employed outside of the United States in a managerial or executive capacity for at least one year within the past three years. The applicant must also be sponsored by their employer to come to the United States and work in the same capacity.
4. What documents do I need to submit with my EB-1C application?
You will need to submit the following documents with your EB-1C application:
* Form I-140, Immigrant Petition for Alien Worker
* Proof of your employer’s ability to pay your offered wages
* Evidence of your foreign company’s ownership and control of the U.S. entity
* Evidence of international trade or operations
* Evidence of your managerial or executive capacity
* Documents establishing your employment outside the U.S. for the past three years
* Documents showing your ability to manage and direct the U.S. entity
* Evidence of any relevant professional qualifications or licenses
5. Does the USCIS offer premium processing for EB-1C visas?
Yes, USCIS does offer premium processing for EB-1C visas. Premium processing is an expedited processing option for certain employment-based petitions and applications. It is available for an additional fee of $1,440 and provides a 15 calendar day processing time.
6. How long does it take to get a decision on an EB-1C visa when using premium processing?
When using premium processing, the USCIS has 15 days to make a decision on an EB-1C visa application.
7. Are there any advantages to using premium processing for an EB-1C visa?
Yes, premium processing for an EB-1C visa provides some advantages. By using premium processing, the USCIS will make a decision on the petition within 15 days. This can help employers and employees save time and money, as well as make the process more predictable. Additionally, premium processing may help employers and individuals receive their Green Card faster, as it eliminates the need to wait for months or years for a final decision.
8. Are there any restrictions on using premium processing services for an EB-1C visa?
Yes, there are restrictions on using premium processing services for an EB-1C visa. The USCIS requires that the employer submit a petition to establish the multinational executive or manager’s status and wait for a decision before filing the Form I-140 Premium Processing request.
9. What happens if my EB-1C visa application is denied?
If your EB-1C visa application is denied, you may be able to appeal the decision or reapply with additional evidence. You should consult an experienced immigration lawyer prior to taking any such action.
10. What is the current waiting time for a decision on an EB-1C visa application?
The current waiting time for a decision on an EB-1C visa application varies depending on the particular case and where it is in the processing timeline. Generally, wait times can range from several months to several years. In order to get a better idea of the current wait time for your particular case, it is best to check with the United States Citizenship and Immigration Services (USCIS) directly.
11. Is an interview required for an EB-1C visa application?
Yes, an interview is typically required for an EB-1C visa application. The specific requirements for the interview will depend on the country in which the application is filed, so it is important to consult with a qualified immigration attorney who is familiar with the local procedures.
12. What are the requirements to renew an EB-1C visa?
To renew an EB-1C visa, the applicant must demonstrate that they are in a managerial or executive position, and must have worked in the same job or a similar job for the sponsoring company for at least one year. The applicant must also demonstrate that they have the necessary qualifications and experience to perform the job duties. Additionally, the applicant must provide evidence of the employer’s ability to pay their wages and provide necessary benefits. Finally, the applicant must demonstrate that they meet all other eligibility criteria for the EB-1C visa.
13. Can I extend my stay in the United States with an EB-1C visa?
Yes, you can extend your stay in the United States with an EB-1C visa. However, you must meet certain criteria to be eligible for the extension. For example, you must demonstrate that your employer will need your services for a long period of time and that there is a need for the specialized skills you possess. Additionally, you must be able to prove that the position you hold is critical to your employer’s success.
14. Is a labor certification required for an EB-1C visa application?
Yes, a labor certification is required for an EB-1C visa application. The labor certification must be filed with the U.S. Department of Labor and must demonstrate that there are no qualified U.S. workers available to fill the position that is being offered to the foreign national.
15. What type of evidence or documentation do I need to submit for an EB-1C visa application?
In order to apply for an EB-1C visa, you must provide evidence or documentation that demonstrates that you will be managing a new or existing enterprise in the United States. This can include business plans, financial statements and projections, evidence of a qualifying investment, and other relevant documents. You must also provide evidence of your managerial or executive role in the enterprise, such as a job offer letter or employment contract. Additionally, you must also provide evidence of your nationality and qualifications for the position.
16. How long can I stay in the United States with an EB-1C visa?
Typically, an EB-1C visa holder can stay in the United States for up to five years. The maximum period of stay is determined by the U.S. Citizenship and Immigration Services (USCIS) and is subject to change. It is also important to note that an EB-1C visa holder may be able to extend their stay in the United States beyond the five year period.
17. Can I change my status from another nonimmigrant status to an EB-1C visa?
Yes, it is possible to change your status from another nonimmigrant status to an EB-1C visa. You will need to file Form I-485, Application to Register Permanent Residence or Adjust Status. You will also need to provide evidence of your eligibility for the EB-1C visa classification.
18. Is there a maximum number of times I can renew my EB-1C visa?
No, there is no maximum number of times you can renew your EB-1C visa. You can renew your EB-1C visa as long as you continue to meet the eligibility requirements for the visa and have a valid job offer.
19. What are some potential risks when using premium processing services for an EB-1C application?
Some potential risks when using premium processing services for an EB-1C application include:
1. Delays in receiving a response from USCIS: Premium processing does not guarantee a response from USCIS within the 15-day processing window. If USCIS needs additional information or evidence to adjudicate the petition, they may take longer than the 15-day window.
2. Increased scrutiny of the application: USCIS’s review process for premium processing applications is more thorough than for standard applications, and any discrepancies or inaccuracies on the application may lead to its rejection or denial.
3. Rejection or denial of the application: Even if an application is submitted properly and all documents are accurate, USCIS may still reject or deny the application.
4. Increased cost and no guarantee of success: The filing fee for premium processing is higher than standard processing and does not guarantee success in obtaining an EB-1C visa.
20. Can I apply for a green card while I am on an EB-1C visa?
Yes, you can apply for a green card while you are on an EB-1C visa. However, you must meet all of the eligibility requirements for the green card, including having a job offer from a U.S. employer and being able to demonstrate that you will be able to support yourself financially after getting the green card.