EB-1C Visa: Green Card for Multinational Managers and Executives

EB-1C is an immigration category for individuals working as managers or senior executives in international companies with the appropriate corporate affiliation. The U.S. employer must show the actual business activity of the U.S. employer, the eligible period of employment abroad, and the managerial nature of the U.S. assignment. Being a company owner or writing "CEO" on your business card is not enough. ¹

In this category, the US employer submits the I-140 application; PERM labor certification is not required. However, EB-1C is not a path immediately available to every newly formed US company. Conditions include that the US employer has been in business for at least one year and that the proposed role fits the category. ¹

For which people can it be evaluated?

Persons who have worked as a manager or senior manager for at least one year within the relevant three-year period in a suitable company abroad may be considered. If the individual works for an eligible employer in the United States, the relevant entry and work history are important in calculating the overseas work period. It is not correct to automatically count three years back from the I-140 date on each file. ¹

The offer in the US must also be a bona fide executive or senior management role. Being an expert in the previous task is not the same as being a manager. For the EB-1C, both qualifying experience at a foreign company and assignment in the United States are proven separately. L-1A history may be useful; however, EB-1C needs to be evaluated separately. ¹²

What kind of relationship is required between companies?

Corporate ties recognized by legislation, such as parent company, subsidiary, branch or appropriate subsidiary relationship, are evaluated. Documentation of ownership and control is important. Two businesses owned by the same family or companies using the same brand are not considered properly related simply because of these similarities. ¹

Share ratios, voting rights, management powers and ownership through intermediate companies are examined together. The partnership list and the actual control description must be consistent. A mere collaboration agreement, distributorship or business customer relationship is not a substitute for a proper intercompany ownership and control relationship. ¹

What does it mean for a US company to have been in business for a year?

One year from the date of establishment of the company is not enough. Regulation seeks actual business activity, which refers to the regular and systematic delivery of goods or services. A bank account, mailing address or company registration alone does not indicate this activity. ¹

Contracts, invoices, sales and service records, employee structure and activity documents can be evaluated together. Actual growth of the new company is separated from the future business plan. Even if the requirement of being in operation for one year is met, the management role and other conditions must be proven separately. ¹

Difference between manager title and manager role

In the EB-1C, the actual content of the duties is important. Is the person in charge of the company, a division or a core function; Or does it do most of the daily production, sales and service work itself? Decision authority, personnel or function management, and who carries out operational work should be explained. ¹

A fixed number of employees is not an automatic rule for all files. However, in a small structure, it should be concretized why the manager does not primarily do operational work. Proper functional management may be possible; But it cannot be established only with general expressions such as "makes strategic decisions". ¹

Is the transition from L-1A to EB-1C automatic?

No. L-1A is the temporary employment category and EB-1C is the immigration category. An L-1A endorsement may provide a historical record of certain facts with respect to the EB-1C; however, appropriate foreign experience, corporate affiliation, U.S. company activity, and proposed assignment are reexamined. ¹²

Especially in structures that start with a new office L-1A, EB-1C compliance does not occur at the end of the first year simply because the period expires. The company's actual activities and management structure must be shown in the case. Differences between the initially presented plan and the actual activity should also be accurately explained. ¹

How to complete the application?

The US employer files the I-140, which includes corporate and personal documents. The regulatory period for EB-1C in the premium processing option is 45 business days; This is not the final approval but the relevant USCIS processing time. Afterwards, the I-485 or consular phase is completed depending on the visa number and personal suitability. ³⁴⁵

For the initial evaluation with Clinch Law Firm, partnership and voting rights records of two companies, activity documents, organizational charts and the person's job history can be prepared. The review should be based on the documentable reality of corporate affiliation and stewardship, not just titles.