The EB-1C visa was created to allow executives and managers of foreign companies with a presence in the United States to become lawful permanent residents. The requirements are similar to those of the L-1A nonimmigrant visa, but the main difference is that, under the EB-1C program, the alien will gain the benefit of receiving permanent residence in the United States.
Many applicants for EB-1C visas have had L1-A status beforehand. While a prior L1-A visa may make it easier to change to EB-1C status, this is not a definitive requirement. An immigration lawyer can help you obtain an EB-1C visa even if you have never previously had any type of US visa.
Advantages of the EB-1C Visa Program For Businesses
The EB-1C makes it easier for smaller overseas companies to expand their presence in the United States. Businesses can bring over qualified and experienced executives or managerial employees with extensive knowledge of the company's daily operations. This is particularly convenient for overseas startups and small companies, as they won't have to hire and train new high-level management staff in the United States. A company with executives at their foreign headquarters desiring to live and work permanently in the United States can hire an immigration attorney to get started with the process.
Requirements to Receive the EB-1C Visa
Both the employer and employee will have to meet a variety of requirements in order to become eligible to receive an EB-1C visa. An immigration lawyer can provide you with specific details and help applicants ensure that they meet all USCIS requirements before filing their application.
The general requirements are that the US company sponsoring the alien must have a qualifying relationship with a foreign company, have been in business for at least a year, and have been continuously providing products or services to their target market. The employee must qualify as either a manager or executive under USCIS regulations. Generally, this means that they must have a top-level management function within the company.
The following evidence may be presented to prove the qualifying relationship, the status and business of the company.
1. Articles of incorporation and financial statements of the foreign company;
2. Evidence that the beneficiary worked at the foreign company at least one year during the preceding three years;
3. A letter from the beneficiary's foreign qualifying employer detailing his or her dates of employment, job duties, qualifications, and salary, along with supporting documentary evidence;
4. A description of the proposed job duties in the US and qualifications, and evidence showing that the proposed employment is in an executive, managerial, or specialized knowledge capacity;
5. Evidence that the foreign company has the financial ability to remunerate the beneficiary and to begin doing business in the United States including evidence which shows: A. Size of the U.S. investment; B. The organizational structure of both firms; and C. The financial size and condition of the foreign employer;
6. Evidence to establish the intended U.S. operation will be capable of supporting the executive or managerial position within 1 year; and
7. Sufficient physical premises to house the new office have been secured
The above list is non-exclusive. Any and all documents that can prove listed concepts will be useful.
Using the services of an experienced immigration attorney when filing a petition for an EB-1C services is highly recommended. An immigration lawyer can provide details on the eligibility requirements and help the petitioner as well as the applicant ensure that all of the paperwork is in order before the petition is submitted.
