Q: Can an alien file on his or her own behalf for an EB-1C?
A: No. A U.S. employer must petition for the alien under this classification. Accordingly, the alien employee is the beneficiary of an EB-1C application.
Q: Does the petitioning U.S. employer need to have a labor certification approved by the U.S. Department of Labor?
A: No. Labor certification is not required for this classification, which is an advantage of EB-1C (as well as the other employment-based, first-preference visas: EB-1A and EB-1B). However, there must be an offer of employment from the U.S. employer.
Q: What initial requirements does the petitioning employer need to meet?
A: The prospective employer must be a U.S. employer and demonstrate the ability to pay the proffered wage; is required to be the same employer or a subsidiary or affiliate of the firm, corporation, or other legal entity that employed the alien overseas; and has to have been doing business for at least one year.
Q: What does “doing business” mean?
A: “Doing business” refers to a firm, corporation, or other entity partaking in the regular, systematic, and continuous provision of goods and/or services; it does not include the mere presence of an agent or office. The petitioning U.S. employer must have been doing business for at least one year.
Q: How does the employer apply for permanent residency for an alien who is a multinational executive or manager?
A: Just as with other types of immigrant visas, there are two ways to go about obtaining permanent resident status on the basis of an EB-1C visa: applying for adjustment of status, if the alien is already in the U.S., or completing consular processing, if the alien is abroad. The petitioning U.S. employer must submit the following to U.S. Citizenship and Immigration Services (USCIS):
Q: What evidence should the petitioner provide to demonstrate meeting these initial requirements?
A: Petitioning employers should provide the following to demonstrate they meet EB-1C requirements:
Evidence of the ability to pay the proffered wage through copies of annual reports, federal tax returns, or audited financial statements
Q: What initial requirements or qualifications does the alien beneficiary need to meet?
A: The multinational manager or executive must have been employed:
For at least one year outside the U.S. in the three years prior to filing the petition; and
Outside the U.S. in a managerial or executive capacity with the same employer, or with an affiliate or subsidiary of the employer.
Q: What initial evidence should the petitioning employer provide to demonstrate that the alien beneficiary meets these requirements?
A: The employer must provide a statement showing that the employee has:
Been employed for at least one year outside the U.S. in the three years preceding the petition; and
Worked in a managerial or executive capacity and with the same employer, or with an affiliate or subsidiary of the employer.
Q: Can the close family members (i.e. spouse or unmarried children under 21 years of age) of a multinational executive or manager earn permanent residency through the principal’s EB-1C visa? If so, what do they file, and when?
A: Yes. Spouses and unmarried children under 21 of multinational executives or managers can gain permanent residency based on the principal alien. Dependents can file Form I-485, Form I-131 (Application for Travel Document), and Form I-765 (Application for Employment Authorization) concurrently, or subsequent to the principal alien’s filing both Forms I-140 and I-485.
If dependents file after the principal alien files Form I-485, dependents must wait until the principal applicant receives a Form I-797, Notice of Action, from USCIS. Dependents must include a copy of the principal applicant's Form I-797 with their filings. The principal’s Notice of Action will facilitate matching the dependents’ subsequent filings with the principal’s, thereby reducing the chances of delays in file routing.
Q: What does “executive capacity” mean?
A: Executive capacity refers to an employee’s assignment in an organization in which the employee primarily:
Q: What does “managerial capacity” mean?
A: Managerial capacity refers to an employee’s assignment in an organization in which the employee primarily:
Q: What does “multinational” mean?
A: Multinational means that the qualifying business entity, or its affiliate or subsidiary, conducts business in two or more countries, one of which is the United States, where the petitioning employer is located.
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: