The EB-1C visa category is one of the three types of employment-based, first-preference petitions for permanent residence reserved for aliens who are among the most capable and accomplished in their fields ranging from the arts, business, and education to science and sports. Immigrant visa numbers, which are statutorily limited to 40,000 visas annually for EB-1, are immediately available. To receive EB-1 status, an alien beneficiary may apply for adjustment of status if already in the U.S. or complete consular processing at a U.S. consular office abroad.
EB-1C was created specifically for managers and executives who meet L-1A nonimmigrant standards and are interested in becoming lawful permanent residents. (L-1A status facilitates a temporary stay in the U.S. for intracompany executive or managerial transferees.) The principal distinction between L-1A and EB-1C is that the latter affords the alien beneficiary permanent residence. Although having L-1A status is not a prerequisite for an EB-1C, an alien will have a stronger case for an EB-1C if he or she was in L-1A status prior. That said, our firm has met success with numerous cases involving EB-1C beneficiaries who had not enjoyed L-1A status beforehand.
In general, an EB-1C visa is a convenient way for a small or start-up overseas company to expand its business and services to the United States. The advantage to smaller companies stems from the fact that the EB-1C visa allows for the transfer of a highly proficient manager or executive who has direct knowledge of the company’s operations, which helps ensure that setting up a new U.S. branch of the company is both efficient and complies with the goals and objectives of company headquarters.
For more information on the EB-1C visa, refer to the following links:
Our experienced immigration attorneys are here to assist you in your EB-1 application. For more detailed information on the EB-1 category, including minimum requirements and USCIS policies, refer to the following links: