EB-1C Green Card

Case Illustration for an EB-1C Green Card

Our team recently worked with an IT services company with over 20 employees who hired a business development manager for their India office two years ago. This manager was a consistent high achiever, laying the foundation for the growth of the company’s U.S. office by creating and implementing an innovative outsourcing model. The manager was transferred to the company’s Silicon Valley office to continue developing the product strategy and grow sales in the United States market. Approaching our practice to handle the EB-1C Green Card process, we compiled impeccable documentation, conducted industry research, and translated this information into a successful petition.

What Is the EB-1C?

The third category of the first-preference, employment-based visa, the EB-1C Green Card is available to multinational executives and managers. For this visa category, the foreign professional must have worked for a company that has an affiliation, branch, or subsidiary with an American business, and continue working for that company in the United States. The U.S. company must have been doing business for at least one year.

What are the Benefits of the EB-1C?

The EB-1C Green Card is a valuable option for professionals who wish to transfer from a foreign company to a related United States company to stay in the United States long-term as a permanent resident. The many benefits of this Green Card pathway include: 

• Fastest category for individuals from India or China who are subject to substantial backlogs. 
• Applicants do not need to establish extraordinary ability or national interest.  It is much easier to qualify for the objective requirements of an EB-1C compared to an EB-1A.
• Family privileges. The dependents of EB-1C beneficiaries may obtain a Green Card to live, work, and study in the U.S. on a permanent basis. 
• Premium processing is now available. As of January 2023, premium processing is now available for this Green Card category. For a fee of $2,500, applicants can guarantee that their petition will be adjudicated within 45 calendar days. 
• No large minimum investment is required. There is no strict statutory minimum investment requirement for this Green Card. Rather, employers must demonstrate that their company is properly capitalized in the industry, which includes proving that it will be able to maintain operations for 2 to 3 years. 
• No conditional status. Holders of this Green Card have unconditional permanent residence in the United States and the initial green card is valid for 10 years.
• No PERM labor certification is required. Those who qualify for this Green Card category may forego the expensive and time-consuming labor certification process.

Eligibility Requirements

For an EB-1C visa, a U.S. employer must demonstrate that:

• If the EB-1C candidate has been employed outside the U.S., she/he has worked for at least one of the three years as an executive or manager for the employer, its parent company, subsidiary, or affiliate.
• If the EB-1C candidate is already working in the U.S., she/he was employed outside the U.S. and has worked for at least one of the three years before transferring to the U.S. as an executive or manager for the employer, its parent company, subsidiary, or affiliate.
• The prospective U.S. employer is the same subsidiary or affiliate of the firm or corporation that employed the candidate abroad.
• The prospective U.S. employer has been doing business for at least one year.
• The candidate is to be employed in the U.S. as an executive or manager.

An executive is defined as an individual who:

• Directs the management of the organization or a major unit of the organization.
• Establishes the goals and policies of the organization or a major unit of the organization.
• Has wide discretion in decision-making.
• Receives only general supervision or direction from higher-level executives, the board of directors, or stockholders of the organization.

A manager is defined as an individual who:

• Manages the organization, department, subdivision, or unit of the organization.
• Supervises and controls the work of other supervisors, professionals, or managers, or manages an essential function.
• Has the authority to hire and fire employees and perform other personnel actions, including promoting and authorizing leave or recommending such actions for those employees not directly supervised.
• Exercises direction over the day-to-day operations of the activity or function for which she or he has authority.

What is the Application Process?

For this Green Card, the U.S. employer petitions for the worker, who is called the beneficiary. For the EB-1C to be successful, the petitioner must prove: 

• The company has been doing business in the United States for at least 1 year
• There is a valid business relationship between the U.S. company and the company abroad
• The company intends to employ the worker permanently in a managerial or executive position
• The beneficiary worked for the entity abroad for at least one of the 3 years before coming to work for the petitioner in the United States

To petition for this Green Card, Form I-140 is required. Corresponding evidence must be filed alongside this petition, such as: 

• Documentation confirming the worker’s capability as an executive or manager
• Evidence of employment with the company, including a description of duties and/or an official job offer
• CV and academic transcripts
• Employer Identification Number
• Financial documentation proving that the employer is able to compensate the beneficiary

Given the stringent eligibility requirements, speaking with an experienced attorney is highly recommended when crafting your application and filing all supporting documentation. Working with an Alcorn attorney can greatly impact the quality of your petition and the likelihood of approval for your case.

What Happens Next?

USCIS may request more information, evidence, or an interview with the EB-1C candidate. At an interview, you may be fingerprinted, photographed, or asked for your signature to verify your identity or to update background and security checks. USCIS will notify you in writing of its decision.

Transitioning from L-1A or E-2 Treaty Investor Visa to Green Card

If a foreign professional is already located in the country on an L-1A visa, it is possible to adjust their status to an EB-1C Green Card to secure permanent residence. This is a common avenue for many individuals, as the EB-1C category has similar eligibility requirements to the L-1A visa. As long as the necessary criteria are met, the L-1A to EB-1C approval rating is high and the process is typically smooth. 

Various visas including the E-2 Treaty Investor visa can also be transitioned to an EB-1C Green Card, using careful strategizing and planning. After establishing a successful, newly-founded affiliated company in the United States, an E-2 investor can remain in the U.S. on a permanent basis to continue managing the business in the country. Beneficiaries with no visa or other types of visas may also qualify.

How to Select the Best EB-1C Green Card Lawyer for Your Case

Your choice of legal representation is undoubtedly one of the most impactful decisions you can make for the long-term success of your company. You will work closely with your lawyer, entrusting them to advocate on your behalf and offer solutions that optimize your business’s growth and recruitment capacity. When consulting with prospective attorneys, it can be helpful to consider the following:

• The lawyer is well-versed in the field. The professional background of the applicant can be evaluated by a lawyer with the necessary expertise and knowledge to build the strongest case. Their work and the solutions they provide for your situation will be informed by their extensive understanding of industry trends. With the use of this knowledge, your lawyer will be able to provide you with specialized advice that will help you maximize the success of your application and minimize risk in the process. 
• They put your interests first. Attorneys that do not assess your requirements and expectations to design a solution to match your goals should be avoided. A legal firm that treats your case like just another case in the system won’t put your interests, the expansion of your business, or the culture of your organization first. 
• They do their job honestly. It takes effort, careful attention to detail, and excellent risk management to obtain an EB-1C visa; it is no easy task. Find a lawyer who is open and honest about all aspects of the procedure, including any obstacles you may encounter. 

Immigration Law for Tech Startups

On the Immigration Law for Tech Startups podcast, we dovetail tech and immigration law, discussing the implications of hiring foreign talent for unicorn startups, the right visa categories for founders, incorporating and owning equity in a U.S. company, and much more. Whether you are a hiring manager, startup founder, or international talent, our interview-based podcast will provide you with the resources necessary to create wealth, abundance, and opportunities for your company. Listen to the Immigration Law for Tech Startups podcast today, on the streaming platform of your choice. 

The Alcorn Method

We have decades of experience working with corporate professionals, startup founders, and skilled immigrant workers to navigate the immigration process and scale their businesses in the United States. As a result, we understand what it takes to secure consistent approvals for our clients, reflected in our proven method: 

• Strategize: We will listen closely to your short- and long-term goals to offer solutions that most closely match your needs and expectations. 
• Prepare: Carefully reviewing all documents and making recommendations for improvements is key to submitting the highest quality application possible. 
• File: We will ensure that all documentation is filed according to the rules and regulations of the USCIS and keep you aware of key developments in your case.
• Win: The most satisfying part of the process is securing approval for your worker’s EB-1C Green Card.

Accomplish, Together

Our team of experienced EB-1C Green Card attorneys has worked with startup founders, corporate executives, and hiring managers at multinational companies to navigate United States immigration and hire the top talent in the world. With offices in Silicon Valley, CA, and New York, NY, we have the resources necessary to help you grow your company. To learn more about how we can help, consider contacting us at +1(855) 546-0015 today.

MORE INFORMATION

• Fees
  • $700 filing fee for Form I-140 (Immigrant Petition for Alien Worker)
  • $2,500* optional premium processing service fee Form I-907 (Request for Premium Processing Service)
  • $1,140 filing fee for Form I-485 (Application to Register Permanent Residence or Adjust Status)
  • $85 biometrics service fee for green card applicants ages 14 to 78
    • *Fee increased in October 2020
• Related Forms
  • Form I-140 (Immigrant Petition for Alien Worker)
  • Form I-485 (Application to Register Permanent Residence or Adjust Status)
  • Optional Form I-907 (Request for Premium Processing Service)
• USCIS Processing Time
  • About 6 months for concurrent filing.
• Immigrant Intent
  • You intend to live permanently in the U.S.
• Who Qualifies
  • Extraordinarily Talented Individuals
• Period of Stay
  • Lifetime