A U.S. employer may bring an executive or manager working aboard to the U.S. to become a permanent resident and work by filing for an EB-1C visa.
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. in 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.
Application Process
To apply for EB-1C visa, the U.S. employer must submit evidence that the candidate meets the EB-1C eligibility requirements and a description of the duties of the executive or manager.
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.
