Just as with other types of immigrant visas, there are two ways to go about obtaining permanent resident status through 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 requisite documentation for an EB-1C visa includes:
Form I-140, Petition for Alien Worker
A supporting letter from the U.S. employer verifying that the alien will be working for it in the U.S. in a relevant capacity.
Documentary evidence demonstrating that EB-1C requirements are met; in sum, this evidence verifies the following:
- A valid qualifying relationship between the U.S. employer and the foreign entity where the alien is employed. Depending on the nature of the petitioning employer, the relationship can be demonstrated in different ways:
- If the petitioning employer is a large and well-established organization, it can submit a statement by the company’s president, corporate attorney, corporate secretary, or other authorized official that describes the ownership structure of the business and each qualifying organization. Accompanying this letter must be evidence such as a copy of the company’s most recent annual report, Security and Exchange Commission filings, or other documentation listing the parent company and its subsidiaries.
- If the petitioning employer is a small business, then in addition to submitting a statement by an authorized official regarding ownership and control of each qualified organization, other evidence of ownership and control must be included, such as records of stock ownership; profit and loss statements or other accountant’s reports; tax returns; articles of incorporation; and/or bylaws or minutes of board meetings.
- If the petitioning employer is transferring the beneficiary for purposes of opening a new office in the U.S., then a testament of financial viability, in addition to proof of ownership and control, is required. The petitioner’s statement of ownership and control should be submitted along with appropriate supporting materials, such as evidence of the capitalization of the company or evidence of financial resources committed by the foreign company; articles of incorporation; bylaws or minutes of board meetings; corporate bank statements, profit and loss statements or other accountant’s reports; and/or tax returns.
- The alien’s prior employment abroad in an executive or managerial capacity, which can be demonstrated in a letter signed by an authorized official of the petitioner that describes the prospective employee’s employment abroad and the nature of the employee’s intended employment in the U.S.
After the alien’s I-140, which is filed by the employer, is approved, the alien can file Form I-485 for adjustment of status or go through consular processing. Upon I-485 approval, the alien is granted permanent residence and will receive a green card by mail. In the case of consular processing overseas, the beneficiary will enter the U.S. and receive an endorsed immigrant visa, attached to his or her passport, at the port of entry, which serves as evidence of status until the alien receives a green card by mail.
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: