EB-1C Application Process: From Corporate Structure to Green Card Stage

The EB-1C file requires a much broader institutional review than a single individual's resume. The relationship between the two companies, actual activity, appropriate foreign executive experience, and the nature of the U.S. assignment are shown together. Therefore, company records and engagement documents should be evaluated on the same timeline before application. ¹

1. Mapping ownership and control

First, the direct and indirect owners of the companies, their share ratios and voting rights are determined. It is clearly chosen which parent company, subsidiary, branch or subsidiary relationship will be based. The mere mention of the same people in both companies is not sufficient analysis. ¹

While preparing the corporate scheme, there should be a document behind each arrow. Records regarding the share ledger, partnership agreement, share transfer and management rights must be consistent with each other. If there are control rights that are not visible in the registration document, their legal basis should be explained separately. ¹²

2. Verify foreign work period and assignment

The person's foreign company duties, working dates and management authority in the relevant period are examined. History of entry into the United States may be important in calculating the relevant three-year period. Payroll, employer letter, and other appropriate records should describe where the person works and in what capacity. ¹

The job description should not contain only general administrative statements. It should be shown which department or core function is managed, who reports to, who has decision-making authority and who carries out the day-to-day work. Foreign duty and US duty are proven separately. ¹

3. Demonstrate at least one year of actual activity in the USA

The actual start of business, other than the date of establishment of the company, must be determined. Records are prepared showing the regular and systematic delivery of goods or services. Invoices, contracts, income, service delivery and personnel documents may be meaningful depending on the nature of the case. ¹

The presence of an office or bank account does not indicate the full extent of real activity. The initially prepared business plan and the actual activities can be compared; However, planned revenues should not be written as realized revenues. The current situation on the application date is taken as basis. ¹²

4. Embodying the US executive position

The proposed role in the US must meet the executive or senior executive standard. The organization chart, job description, personnel duties and the person's decision-making authority must support each other. If functional management is based, the distinction from core functions and operational work is specifically explained. ¹

In small companies, it must be shown honestly what work the applicant has personally performed. It is not appropriate to define a structure that does everything itself as merely strategic management. The purpose of the dossier is not to rename tasks, but to explain the legal nature of the actual work. ²

5. I-140 and employer financial documents

US employer submits I-140 petition. Even if PERM is not required, a suitable job offer and wage-paying capacity are shown. Corporate records, terms of reference, financial data and necessary translations must be submitted in an organized application. ¹²

Application fees, form version and submission instructions are checked from current sources. If premium processing is preferred, a processing time of 45 business days is applied for EB-1C. This is not a definitive timetable for approval or card delivery. ³

6. Managing RFE or organizational changes

RFE may address specific areas such as ownership control, duration of activity, or managerial duties. The answer must meet each question with the relevant record; It should not be thought that a general company introduction will automatically complete the missing legal element. The deadlines and instructions in the notification must be followed. ²

If there is a share transfer, company closure or change of position during the application, their effects on the case are also examined. Differences between the institutional structure of the first application and the new situation should not be hidden. The legal effect of current eligibility at the time of application and subsequent corrections is not the same. ¹²

7. Session plan after approval

Following I-140 approval, the I-485 or consular process is completed depending on visa number and personal eligibility. Even if simultaneous application is possible, this depends on monthly visa eligibility and the individual's circumstances. Family members' own transactions are carried out separately. ⁴⁵

Throughout the process, current employment status, intercompany ties and the nature of the task should be monitored. A healthy EB-1C calendar; It shows the company's one-year activity, document preparation, I-140 and final session stages separately. It's not enough to set a move date based solely on an anniversary or premium period.