EB-1C Multinational Executives and Managers
What is EB-1C?
EB-1C is for multinational executives and managers who have been employed abroad by a qualifying organization and are transferring to work for a related U.S. entity in an executive or managerial capacity.
Key Requirement: 1+ years abroad in executive/managerial role
Corporate Relationship: Related entities (parent, subsidiary, affiliate, branch)
Position: Must be executive or managerial in both countries
EB-1C Advantages
EB-1C offers significant benefits for qualifying multinational executives and managers:
- • No labor certification (PERM) required
- • First preference priority (usually current)
- • Premium processing available (15 days)
- • Natural transition from L-1A status
- • Includes spouse and unmarried children under 21
EB-1C Eligibility Requirements
Basic Requirements for EB-1C Classification
- Employed outside U.S. for at least 1 of the 3 years before petition filing
- Employed by qualifying organization in managerial or executive capacity
- Seeking to enter U.S. to work for same employer, subsidiary, parent, affiliate, or branch
- U.S. entity must have qualifying relationship with foreign entity
- Both foreign and U.S. entities must be actively doing business
- Position in U.S. must be in managerial or executive capacity
Executive vs. Managerial Capacity Definitions
Executive Capacity
An executive primarily directs management and establishes organizational goals and policies.
- •Directs management of organization or major component/function
- •Establishes goals and policies of organization, component, or function
- •Exercises wide latitude in discretionary decision-making
- •Receives only general supervision from higher executives, board, or stockholders
- •Does not primarily perform tasks that non-managerial employees could perform
Managerial Capacity
A manager primarily supervises and controls work of other supervisory, professional, or managerial employees.
- •Manages organization, department, subdivision, function, or component
- •Supervises and controls work of other supervisory, professional, or managerial employees
- •Has authority to hire and fire or recommend personnel actions
- •Exercises discretion over day-to-day operations of activity/function managed
- •Does not primarily perform non-managerial duties that operational employees could perform
Key Distinction
Both executives and managers must primarily perform qualifying duties. If you spend most of your time on operational tasks that non-managerial employees could perform, you likely don't qualify for EB-1C.
Test: Could the organization function at the same level if non-supervisory employees performed your day-to-day tasks? If yes, your role may not be sufficiently managerial or executive.
Qualifying Corporate Relationships
Parent Company
U.S. entity owns more than half of foreign entity
Examples:
- •U.S. corporation owns 60% of foreign subsidiary
- •U.S. parent company has controlling interest abroad
- •Publicly traded U.S. company with foreign subsidiaries
Subsidiary
Foreign entity owns more than half of U.S. entity
Examples:
- •Foreign parent company establishing U.S. subsidiary
- •International corporation expanding to U.S. market
- •Foreign holding company investing in U.S. operations
Branch Office
Operating division of same organization in different country
Examples:
- •Same legal entity operating in both countries
- •U.S. branch of foreign corporation
- •International firm with offices in multiple countries
Affiliate
Two entities owned by same parent or individual with 50/50 ownership
Examples:
- •Sister companies owned by same individual or group
- •Joint ventures with equal ownership structure
- •Companies with 50/50 ownership by same persons
Ownership Requirements
Parent/Subsidiary (>50% ownership):
One entity must own more than half of the other entity.
Affiliate (50/50 ownership):
Both entities owned equally by the same person(s) or entity.
EB-1C Application Process
Complete EB-1C Petition Timeline
Verify Qualifying Employment History
Confirm at least 1 year of executive/managerial employment abroad in last 3 years
Required Documents:
- •Employment contracts and job descriptions
- •Organizational charts showing reporting structure
- •Evidence of managerial or executive duties
- •Payroll records and tax documents
Establish Corporate Relationship
Document qualifying relationship between foreign and U.S. entities
Required Documents:
- •Corporate documents (articles of incorporation, bylaws)
- •Stock certificates and ownership documentation
- •Financial statements for both entities
- •Evidence of active business operations
Document U.S. Position Requirements
Prepare detailed job description for proposed U.S. position
Required Documents:
- •Detailed job offer and position description
- •U.S. organizational chart and reporting structure
- •Evidence position is managerial or executive
- •Business plan showing staffing needs
File Form I-140 Petition
Employer files EB-1C petition with comprehensive supporting evidence
Required Documents:
- •Form I-140 filed by U.S. petitioning entity
- •$700 filing fee + $85 biometric fee
- •All corporate and employment documentation
- •Legal brief explaining qualifying factors
USCIS Review and Processing
USCIS evaluates petition and may request additional evidence
Required Documents:
- •Response to any Request for Evidence (RFE)
- •Updated financial statements if requested
- •Additional corporate documentation
- •Clarification of job duties if needed
Green Card Application Process
Apply for permanent residence through adjustment or consular processing
Required Documents:
- •Form I-485 (adjustment) or DS-260 (consular)
- •Medical examination and police clearances
- •Supporting civil documents
- •Evidence of continued corporate relationship
L-1A to EB-1C Transition Strategy
Timeline Planning
Strategic timing for L-1 to EB-1C transition
Evidence Overlap
How L-1A approval supports EB-1C petition
New Evidence Required
Additional documentation needed beyond L-1A
Common Denial Reasons and Prevention
Position Not Truly Managerial or Executive
Why Cases Get Denied:
Job duties are primarily operational rather than managerial/executive
Prevention Strategy:
Focus on strategic decision-making, policy-setting, and personnel management duties
Insufficient Corporate Relationship
Why Cases Get Denied:
Ownership or control relationship not properly documented
Prevention Strategy:
Provide detailed corporate charts, stock certificates, and control documentation
Small Company 'Owner-Manager' Issue
Why Cases Get Denied:
Person performs operational duties due to company size
Prevention Strategy:
Demonstrate supervisory role over professionals or show functional management
New Office Not Established
Why Cases Get Denied:
U.S. entity not actively doing business or sufficiently staffed
Prevention Strategy:
Ensure U.S. office is operational with employees and active business
Lack of Qualifying Foreign Employment
Why Cases Get Denied:
Cannot prove 1 year of executive/managerial role abroad
Prevention Strategy:
Document detailed job duties, organizational charts, and decision-making authority
Strategies to Strengthen Your EB-1C Case
Building a Strong EB-1C Petition
- Document specific strategic decisions made and their business impact
- Show management of professional-level employees, not just operational staff
- Provide evidence of budget authority and financial decision-making power
- Demonstrate hiring/firing authority and personnel management responsibilities
- Include organizational charts showing supervisory structure and reporting lines
- Show progression in responsibilities from L-1 entry to EB-1C filing
- Document growth in company size, revenue, or market share under your leadership
EB-1C Processing and Benefits
Processing Timeline
- • I-140 processing: 4-8 months regular processing
- • Premium processing: 15 calendar days ($2,500)
- • Priority date: Usually current for most countries
- • Success rate: High for well-documented cases
- • RFE rate: Common for small companies
Family Benefits
- • Spouse: Included in EB-1C petition, gets work authorization
- • Children: Unmarried children under 21 included
- • Education: Children can attend U.S. schools
- • Path to citizenship: Eligible after 5 years as LPR
- • Travel freedom: Can travel internationally as LPR
Other EB-1 Options
Explore other first preference categories if EB-1C doesn't fit your situation.