EB-1C Visa Requirements
A successful EB-1C (Multinational Manager or Executive) petition depends on whether three core components meet USCIS (U.S. Citizenship and Immigration Services) standards. These three pillars are: the U.S. employer (Petitioner), the manager or executive abroad (Beneficiary), and the corporate relationship between them (Qualifying Relationship).[1] USCIS will carefully examine each of these three areas.
1st Pillar: U.S. Employer (Petitioner) Requirements
The U.S. entity filing the petition must satisfy certain criteria.
"Doing Business for at Least 1 Year" Requirement
This is a critical requirement unique to EB-1C. The U.S. petitioner must have been actively "doing business" for at least one year as of the date the I-140 immigrant petition is filed.[2]
What Does "Doing Business" Mean?
The USCIS Policy Manual clearly defines "doing business" as the "regular, systematic, and continuous provision of goods or services." This definition is important because merely having an office, a bank account, or an agent in the United States does not qualify as "doing business." USCIS will expect evidence that the company is engaged in active commercial operations (for example, tax returns, payroll records, commercial contracts, invoices).[2]
Why "New Offices" Are Not Eligible
Unlike the L-1A (temporary) visa category, EB-1C cannot be used to come to the United States to open a "new office." The legal logic is straightforward: EB-1C provides permanent resident status (a Green Card). USCIS does not want to grant permanent residency based only on a business plan. Under the L-1A category, new offices are given one year to become operational and must then prove they are truly doing business. In contrast, there is no such "trial period" under EB-1C; before filing for a permanent managerial transfer, the U.S. company must already have proven itself by doing business in the United States for at least one year.
2nd Pillar: Beneficiary (Employee Abroad) Requirements
The manager or executive who will be permanently transferred to the United States must also meet specific prior employment criteria.
"At Least 1 Year in the Last 3 Years" Employment Requirement
The beneficiary must have worked for at least one full year for a qualifying foreign entity outside the United States within the three years preceding the filing of the I-140 petition. The USCIS Policy Manual clarifies that this one-year period does not have to be "continuous" in the same way as for L-1A, but the total must equal one full year.[3]
Capacity Match
This is a critical point. Both the one-year position abroad and the offered position in the United States must qualify under the law as "managerial" or "executive" capacity.[4]
3rd Pillar: Qualifying Corporate Relationship
Finally, USCIS must see a legally recognized "qualifying relationship" between the U.S. petitioner and the foreign entity where the beneficiary worked. This relationship is generally one of the following (8 CFR § 204.5(j)(2)):[1][3]:
Parent and Subsidiary: One company owns a majority of the shares of the other or otherwise controls it.
Affiliates: Both companies (the U.S. and foreign entities) are owned and controlled by the same parent company or group (sister companies).
Branch: Another office of the same company in a different location.
Evidence (such as share registers, annual reports) must show that this corporate relationship existed during the beneficiary's employment abroad, at the time of filing the I-140, and through the date of adjudication.
The Heart of the EB-1C Petition: Proving "Managerial" vs. "Executive" Capacity
In EB-1C cases, the most frequent causes of a Request for Evidence (RFE) or denial often arise not from the three pillars above, but from the failure of the job description to meet USCIS's strict legal definitions. USCIS's central question is: Is the beneficiary primarily performing operational duties (doing the work personally), or are they primarily carrying out duties that meet the legal definitions of managerial or executive capacity?
"Managerial Capacity" Definition
USCIS recognizes two types of managers, and the beneficiary must fit at least one of these definitions:
Personnel Manager
- • Manages the organization, a department, subdivision, or component.
- • Supervises and controls the work of other supervisory, professional, or managerial employees.
- • Has the authority to hire, fire, or recommend personnel actions (such as promotion or disciplinary measures) for the employees he or she directly supervises.
Key Nuance: USCIS does not consider a "first-line supervisor" — someone who directly supervises non-professional, line-level workers doing the day-to-day operations — to be a manager for EB-1C purposes. It is crucial that the subordinates are professionals (for example, engineers, lawyers, accountants) or themselves managers.
Function Manager
- • Even without directly supervising employees, manages an "essential function" within the organization (for example, finance, marketing strategy, R&D).
- • Occupies a senior level within the corporate hierarchy.
- • Exercises discretion over the day-to-day operations of the function.
In this path, it must be clearly demonstrated that the beneficiary manages the essential function and does not simply perform it personally.
"Executive Capacity" Definition
This category usually applies to the highest-level positions (C-suite roles such as CEO, CFO, COO). The duties must primarily involve:
- Directing: Directing the management of the organization or a major component or function of the organization.
- Establishing Policies: Setting goals and policies.
- Wide Latitude in Decision-Making: Holding wide discretionary authority in decision-making.
- General Supervision: Receiving only general supervision or direction from higher-level executives, the board of directors, or stockholders (that is, not being micromanaged on a day-to-day basis).
Key Nuance: When assessing executive capacity, USCIS looks at whether the company has "sufficient staff." If a "CEO" is also the only salesperson, bookkeeper, and operations person, USCIS may conclude that the individual is primarily engaged in operational tasks rather than executive duties. The company must show that there is enough staff (employees or outside contractors) to handle day-to-day operations so the executive can focus on directing and policy-level functions.
Comparison Table: Legal Definitions
| Feature | Managerial Capacity | Executive Capacity |
|---|---|---|
| Focus | Implementing operational and organizational objectives. | Setting strategy and policy. |
| Core Action | Manages. | Directs. |
| Personnel Role | Manages personnel (professionals) or an essential function. | Typically (though not always) manages other managers. |
| Level of Authority | Discretion over day-to-day operations. | Broad, policy-making authority. |
| Supervision Level | Receives mid-level supervision. | Receives only general oversight from the highest corporate levels. |
References
- • [1] Employment-Based Immigration: First Preference EB-1 - USCIS, accessed November 16, 2025
- • [2] Chapter 4 – Multinational Executive or Manager – USCIS Policy Manual, accessed November 16, 2025
- • [3] 8 CFR § 204.5 – Petitions for employment-based immigrants – Law.Cornell.Edu, accessed November 16, 2025
- • [4] Non-Precedent Decision of the Administrative Appeals Office (EB-1C) – USCIS, accessed November 16, 2025
Last Reviewed/Updated: 01/15/2025